ORDER

Petitioners are facing prosecution under section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') in S.T. No.492/2020 on the files of the Judicial First Class Magistrate’s Court, Erattupetta. When the case was posted for trial, an application was filed by the accused requesting to send the cheque involved in the case, for scientific examination, stating that the handwriting on the cheque did not belong to the accused. By the impugned order dated 07.05.2024, the learned Magistrate dismissed the said application and hence this petition under Section 482 of the Code of Criminal Procedure, 1973.

2. The prosecution was initiated on an allegation that a cheque, issued by the accused for Rs.1,42,000/- dated 01.10.2019, in repayment of a credit purchase of electrical goods and sanitary wares, was dishonoured on presentation. Though the accused had admitted the signature on the cheque, he denied the writings on it, while the complainant asserted that the cheque was written by the accused himself.

3. Sri. Saijo Hassan and Sri. Nithin Sudhakar, the learned counsel for the petitioners vehemently contended that the nature of the defence set up by the petitioners required the