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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MURUKAN A.L – Appellant
Versus
RENJITH M.R – Respondent
| Table of Content |
|---|
| 1. details of alleged cheque dishonour and prior repayments. (Para 1 , 5 , 6) |
| 2. arguments for expert opinions on document signatures. (Para 2 , 4) |
| 3. court's reasoning and observance of evidence. (Para 3 , 7 , 8) |
| 4. affirmation of the burden to rebut presumptions established. (Para 9) |
O R D E R
The petitioner is the accused in S.T.No.10 of 2022 on the file of the Court of the Judicial Magistrate of First Class, Changanassery, which has been registered on the basis of a complaint filed by the 1st respondent alleging the commission of the offence under Section 138 of the Negotiable Instruments Act ('NI Act', in short).
2. The petitioner has stated in the Criminal Miscellaneous Case that, during the cross-examination of the 1st respondent (PW1-complainant), the petitioner had raised a specific defence regarding the repayment of his liability, which is reflected in Exts.D1 and D2 documents. However, PW1 bluntly denied the execution of the said documents. In order to discredit the oral testimony of PW1, the petitioner filed an application for comparison of the said documents with the signature of PW1 by an expert. But, by the impugned Annexure IX order, the Trial Court ha
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