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2014 Supreme(Kar) 1030

S.N.SATYANARAYANA
N. Muniswamy Reddy – Appellant
Versus
M. Narayanaswamy – Respondent


Advocates:
Advocate Appeared:
For Appellant : Sri G. Balakrishna Shastry, Adv.

ORDER :

S.N. Satyanarayana, J.

1. The accused in C.C. No. 73/2009 pending on the file of JMFC, Srinivaspura, has come up in this criminal petition seeking to set aside the order dated 15.10.2013 passed in Crl. R.P. No. 82/2012 on the file of I Additional Sessions Court, wherein the revision petition is dismissed confirming the order dated 6.10.2012 passed in C.C. No. 73/2009.

2. Admittedly, the aforesaid orders are on an application filed by the accused under Sections 45 and 73 of the Indian Evidence Act (the Act' for short), seeking to refer the cheque dated 15.10.2008 (vide Ex. P1) produced by the complainant to the forensic laboratory for an opinion of the expert. When said application came to be filed, it was dismissed on the ground that there is admission on the part of petitioner herein, who is accused before the learned Magistrate in having put the signature on the said cheque. That since dispute is only with reference to the contents of the cheque not being written by the accused and according to him, the same is filled up by the complainant in handwriting other than that of the accused, therefore, the document is required to be referred for forensic investigation to verify th








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