O R D E R

Petitioner is the sole accused in C.C No.385/2018 on the files of the Special Court of Judicial Magistrate of the First Class, for the Trial of Cases under Section 138 of Negotiable Instruments Act, 1881, Thiruvananthapuram. Petitioner challenges the order dated 26.09.2024 in CMP No.5243/2024, dismissing his application for sending the cheque to a handwriting expert to compare the writings on the cheque.

2. The complaint was filed alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, contending that the cheque for Rs.12,00,000/- issued on 24.03.2017 when presented for encashment returned dishonoured with the memo “Funds insufÏcient”. It is also alleged that, though notice was served on the accused he failed to reply or repay the amount. After the complaint was filed, the accused preferred an application requesting to compare the writings on the cheque with that of the writings of the accused by sending the cheque to a handwriting expert. The learned Magistrate dismissed the said application against which this Crl.M.C is filed.

3. I have heard Sri. R.V. Sreejith, the learned counsel appearing for the petitioner as well as Sri. C.N. Prabhaka