R. RAKESH Vs. H.G. GURUPRASAD

JUDGEMENT

(1.) RESPONDENT is the complainant and petitioner is the accused in a cheque dishonor case registered as CC No. 1840/2013 on the file of the JMFC, Madikeri.

(2.) AN application filed by the petitioner under Section 45 r/w Section 73 of Indian Evidence Act, to refer Ex. P1 to an hand writing expert, for opinion and report, having been rejected by the learned Magistrate on 10.06.2014 and a criminal revision petition filed having been dismissed by the learned Sessions Judge, this petition was filed to quash the said orders and to grant the relief prayed in the I.A. filed before the learned Magistrate.

(3.) SRI . N. Jagadish Baliga, learned advocate appearing for the respondent, on the other hand made submissions in support of the orders passed by the Courts below. He submitted that the application having been filed prior to the respondent adducing of defense evidence and being premature, was rightly rejected by the learned Magistrate. Learned counsel submitted that there being a presumption in respect of the negotiable instrument - Ex. P1, the issuance of which has not been disputed, there is no ground to grant the relief.