THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.1246 of 2024

O R D E R

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), the petitioner/accused is challenging the order, dated 19.01.2023 in Crl.M.P.No.3361 of 2022 in C.C.No.458 of 2019 passed by the XVI Additional Judge-cum-XX Additional Chief Metropolitan Magistrate, City Civil Court at Secunderabad and confirmed on 24.11.2023 in Crl.R.P.No.28 of 2023 by the Court of Special Judge for trial of offences under SCs & STs (POA) Act cum VI Additional Metropolitan Sessions Judge, Secunderabad. By the impugned order, the application filed by the petitioner under Section 45 of Indian Evidence Act was dismissed.

2. Heard Sri P.Pravin Kumar, learned counsel for the petitioner, Sri J.Susheel Kumar, learned counsel for respondent No.1 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for respondent No.2 – State.

3. Learned counsel for the petitioner submitted that the cheques and promissory note vide Ex.P1 and P2 are forged. Therefore, the petitioner filed a petition under section 45 of Indian Evidence Act, to know the genuinity of Ex.P1 and P2 and he prayed before the trial Court to send Ex.P1 and P2 to expert along with admitted signatures of by the same, the petitioner filed revision petition before the appellate further submitted that the Court is having ample power under section 73 of Evidence Act, to compare the disputed signature with the admitted signatures of the accused. Hence, he prayed the Court to allow the Criminal Petition.

4. Learned counsel for respondent No.1 raised objection stating that as a delay tactic learned counsel for the petitioner is only trying to drag on the matter to protrude the trial before the trial Court. Hence, he prayed to dismiss the criminal petition.

5. In view of the submissions and circumstances of the case, to give fair opportunity, this Court is inclined to direct the trial Court to send the Ex.P1/cheques and Ex.P2/Promissory note with admitted signatures of petitioner/accused to the handwriting expert for comparison and genuinity of the signatures. Accordingly, the trial Court shall fix a specific time to obtain the said report and shall proceed with the trial after obtaining expert opinion with regard to the disputed signatures.

6. Accordingly, the Criminal Petition is allowed setting aside the order dated 19.01.2023 in Crl.M.P.No.3361 of 2022 in C.C.No.458 of 2019 passed by the XVI Additional Judge-cum-XX Additional Chief Metropolitan Magistrate, City Civil Court at Secunderabad and confirmed on 24.11.2023 by the Court of Special Judge for trial of offences under SCs & STs (POA) Act cum VI Additional Metropolitan Sessions Judge, Secunderabad in Crl.R.P.No.28 of 2023.

Miscellaneous applications, if any pending, shall also stand closed.

_________________ JUVVADI SRIDEVI, J Date: 17.09.2025 BV