THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL REVISION CASE No.194 of 2025

ORDER:

This revision is filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 assailing the order dated 22.01.2025 in Crl.M.P.No.1083 of 2024 in C.C.NI No.193 of 2018 on the file of the I Additional Judicial Magistrate of First Class, Khammam.

2. Heard Mr. Surya Balu Mahendra, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1.

3. The petitioner is accused arraigned for the offence under Section 138 of the Negotiable Instruments Act.

4. Briefly stated the relevant facts of the case are that during the pendency of the calendar case proceedings the petitioner filed miscellaneous petition i.e. Crl.M.P.No.1083 of 2024 under Section 45 of the Evidence Act with a prayer to forward the cheque/Ex.P-1 bearing No.025102 dated 06.09.2016 to Forensic Science Laboratory, Red Hills, Hyderabad for opinion of handwriting expert to elicit whether the signature on it and the signature on the promissory note/Ex.P-6 are one and the same.

The Court having considered the submissions and by observing that the handwriting of che