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SUSHIL KUMAR PALO
Rahul Pandey – Appellant
Versus
Rahul Shukla – Respondent
1. This petition under section 482 of the CrPC has been filed to assail order dated 9.3.2016, passed by learned Sessions Judge, Mandla in Criminal Revision No. 15/2016, wherein the order dated 11.2.2016, passed by learned JMFC, Mandla in Criminal Case No. 333/2015, has been reversed and application under section 45 of the Evidence Act has been allowed.
2. The facts of the case briefly stated are that] the petitioner complainant filed a criminal complaint under section 138 of the Negotiable Instruments Act. Against the respondent/accused. The respondent/accused mooved an appliction under section 45 of the Evidence Act for examining the handwriting expert with regard to the writings in the cheque, though the signature of the cheque has been admitted by the respondent accused.
3. Learned JMFC dismissed the application stating that the signature on the cheque has been admitted. Hence, hadnwriting in other entries of the cheque are of no inportance. The respondent accused filed Criminal Revision No. 14/2016, which was dicided on 9.3.2016, in which the order passed by learned JMFC has been set aside and it has been directed to examine the handwriting expert subject to payment of cost
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