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2023 Supreme(AP) 1293

VENKATA JYOTHIRMAI PRATAPA
Revu Das – Appellant
Versus
Vadlamudiswaranalatha – Respondent


JUDGMENT

1. This instant Criminal Petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, challenging the validity and correctness of impugned order dtd. 3/2/2020 in Crl.M.P. No.890 of 2019 in C.C.No.259 of 2019 on the file of Judicial Magistrate of First Class at Muvva, Krishna District.

2. Heard Sri Gantasala Uday Bhaskar, learned counsel for the petitioner, Sri Harikrishna Tata, learned counsel for the 1st respondent and Ms. Prasanna Lakshmi, learned Asst. Public Prosecutor, for the state/2nd respondent. Perused the material on record.

3. Case of the petitioner in succinctly

a. Petitioner herein being Accused in C.C.No.259 of 2019 is facing the trial for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1882 (For short 'N.I.Act'). During the course of trial, Petitioner filed a petition under Sec. 45 of the Indian Evidence Act, seeking to send the cheque/Ex.P2 to the Director of A.P. State Forensic Science laboratory, Vijayawada to examine the alteration at amount column i.e., 1' as 7'.

b. Against said petition, respondent herein i.e., the complainant filed his counter and contested the matter.

c. The learned trial Judge dismissed the

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