Does S.254(2) Cr.P.C. oblige the Magistrate to accept every request to send a cheque to the handwriting expert, in a prosecution under Section 138 of the N.I.Act? This question incidentally arises for consideration in this revision petition which is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I.Act.

2. The cheque is for an amount of Rs.13,000/-. The complainant alleged that it was issued by the accused to him for the discharge of a liability arising from sale/purchase of banana bunches. Notice of demand, though received and acknowledged, did not evoke any response. The complainant examined himself as PW2 and the Bank Manager as PW.1 Exts.P1 to P7 were marked. In the course of cross examination, there was no specific suggestion that the signature in the cheque is not that of the accused. But at the stage of 313 examination, a contention was raised that the cheque was not signed by him. When the complainant was in the witness stand, the suggestion was that the transaction was not between him and the accused, but between the complainant and the younger brother of the accused. At the defence stage, peti