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2019 Supreme(Ker) 822

R.NARAYANA PISHARADI
Reacon Engineers, Represented by its Managing Partner, P. Rajesh – Appellant
Versus
Kalyani Interiors, Represented by its managing Partner – Respondent


Advocates Appeared:
For the Petitioner: Sri. Mathew Kuriakose, Sri. K.C. Biju.
For the Respondents: Sri C.K. Prasad – PP.

ORDER :

The petitioner is the complainant in the case C.C.No.7231/2016 on the file of the Court of the Judicial First Class Magistrate (N.I.Act Cases), Ernakulam.

2. The petitioner is a partnership firm. The aforesaid case is one instituted by the petitioner against respondents 1 to 5, another partnership firm and its partners, alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

3. The petitioner is the dealer of air conditioners. It is alleged that the accused had placed work order for installation of air conditioners and that in partial discharge of the amount due to the petitioner, the accused issued a cheque dated 20.08.2016 for Rs.5,00,000/-in favour of the petitioner. On dishonour of the cheque, the petitioner has initiated proceedings against the accused for the offence under Section 138 of the Act.

4. When the case was posted for defence evidence, respondents 1 to 5/accused filed an application as Crl.M.P.No.8826/2019 in the trial court praying that the cheque may be sent to the Forensic Science Laboratory for getting opinion of an expert regarding the signature therein. The petitioner r


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