ORDER:

The petitioner herein who is the defacto complainant has lodged a complaint to the police alleging that he has appointed one Sri Kosanam Rama Rao, as a Manager to the Petrol Bunk situated at Jaggayyapet, Krishna District and also authorized to operate bank account with the State Bank of India, Prajashakti Nagar, Vijayawada. On certain reasons, the Complainant cancelled the authorization executed in favour of Kosanam Rama Rao and immediately he informed the same to all other authorities including Manager, State Bank of India, and the said Kosanam Rama Rao has colluded with other accused one Kosanam Venkata Krishna Rao, who is the brother of Kosanam Rama Rao and Gadde Srihari Babu, who is the owner of the site of the petrol bunk have hatched a plan and allowed Kosanam Rama Rao and created fake documents with forged signatures as if the complainant restores against the authorization letter dated 12.12.1999 to operate the bank account and thereby cheated the complainant by conspiring with each other and by forging documents. Basing upon the complaint lodged by the complainant/petitioner, the police has registered the case as Crime No.595 of 2004 under Sections 408, 468, 471 and 420 IPC on 18.12.2004.

2. During the course of investigation, the police has seized documents from the bank concerned and obtained sample signatures and writings from the complainant and the same were sent to the Director, FSL, Hyderabad for comparison and the FSL, Hyderabad has opined that the signature on the letter dated 12.12.1999 belongs to the complainant. Basing upon the opinion expressed by the Director, FSL, Hyderabad, the police has referred the FIR as false and the same was intimated to the complainant/petitioner herein.

3. Aggrieved by the closing of the complaint, the complainant/petitioner herein has filed a protest petition vide Criminal M.P. No.595 of 2011 in Crime No.595 of 2004 on the file of I Additional Chief Metropolitan Magistrate, Vijayawada. The learned Magistrate by an Order dated 26.05.2016 has dismissed the Protest Petition on the ground that the opinion given by the handwriting expert was not challenged by the defacto complainant and the investigation officer has closed the complaint basing upon the opinion given by the Director, FSL (Expert) that the defacto complainant has restored the General Power of Attorney executed in favour of the A4 to operate the bank account and there is no fault on the part of the accused persons and disbelieved the statement of the complainant. Inter alia observing that there is no prima facie case against the accused.

4. Aggrieved by the order in Criminal MP No.595 of 2011 dated 26.05.2016, the complainant / petitioner herein filed Criminal Revision Petition No.87 of 2016 on the file of the Metropolitan Sessions Judge, Vijayawada. The learned Sessions Judge, by an order dated 21.11.2017, has dismissed the Criminal Revision Petition confirming the orders passed by the learned Metropolitan Magistrate observing that the complainant has not produced any piece of paper to substantiate his allegations and his conduct in keeping quiet for a period of three years goes to show doubts about his allegations that the document dated 12.12.1999 is forged and fabricated document.

5. Aggrieved by the said order, Criminal Miscellaneous Petition No.595 of 2011, which is a protest petition, which was dismissed by the learned Magistrate and confirmed the same by the learned Metropolitan Magistrate vide Criminal Revision CaseNo.87 of 2016, the present Criminal petition is filed assailing that both the Courts below have erroneously dismissed the Protest Petition relying on the opinion given by the expert and it is known law that a much credence should not be given to the export opinion and he referred the Judgment of the Hon’ble Apex Court in Bhagwan Kaur v. Maharaj Krishan Sharma and others1 for the proposition that the Court should be varied to give much weight to the evidence of the handwriting expert and also re