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2009 Supreme(Kar) 756

A.N.VENUGOPALA GOWDA
Ishwar – Appellant
Versus
Suresh – Respondent


Advocates:
Sri Shriharsh A. Neelopant, for Petitioner;
Sri B.V. Somapur, for Respondent.

ORDER

A.N. Venugopala Gowda, J : Petitioner is facing criminal charge before the Judicial Magistrate First Class, Ramdurga in C.C. No. 160/2007 (P.C. No. 35/2007) for an offence punishable under Section 138 of the N.I. Act (Act for short). It is alleged that, the petitioner issued a cheque in favour of the respondent for a sum of Rs. 7,20,000/- on 23/03/2007, which on deposit in Bank was returned unpaid. A complaint was filed by the respondent under Section 200 Cr.P.C. alleging that the petitioner has committed an offence under Section 138 of the Act. Complainant deposed as P.W. 1. Two other witnesses were examined as P.Ws. 2 and 3. The case was posted for examination of the accused under Section 313 Cr.P.C. The petitioner, who is the accused, has filed an application for referring the cheque in question for an examination by an expert contending that he had issued a blank cheque and a bond paper to the complainant, who has written thereon the amount etc., according to his choice and the writings in the cheque and the bond are not in his handwriting i.e., the date, the figures, etc., which have been written in a different ink and hence it is very much necessary to send the cheque an
























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