JUDGMENT :

S.K. Sahoo, J.

Heard Mr. Aurovinda Mohanty, learned counsel for the petitioner.

This is an application under section 401 read with section 397 of the Cr.P.C. challenging the order dated 20.07.2016 passed by the learned S.D.J.M., Kendrapara in I.C.C. Case No.454 of 2013 in which the petition filed by the opposite party-accused with a prayer to send his specimen signature to the handwriting expert for comparison with the signatures appearing on the disputed cheque and Vakalatnama and to submit a report was allowed.

2. The petitioner filed a complaint petition for commission of offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter ‘N.I. Act’) against the opposite party on the ground that the opposite party issued a cheque bearing no. 0165975 of Rs.4,80,000/-(rupees four lakh and eighty thousand) in favour of the petitioner which bounced on being presented in the bank for encashment.

From the impugned order, it appears that petitioner was examined on 22.09.2014 but the opposite party did not cross examine him in spite of affording of several opportunities and accordingly, the learned Magistrate declined the cross examination and posted the case for recordin