JUDGEMENT
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(1.)Leave granted.
(2.)Appellant is facing criminal charges before the Court of XV
Additional Chief Metropolitan Magistrate, Bangalore in C.C. No.6835 of
2005 purported to be under Section 138 of the Negotiable Instruments Act.
He is said to have issued a cheque in favour of the respondent for a sum of
Rs.7,50,000/- on 8.10.2004 which on depositing in the Bank was allegedly
returned unpaid. A complaint petition was filed by the respondent
contending that the appellant had committed an offence under Section 138 of
the Negotiable Instruments Act.
(3.)On or about 1.8.2006, the appellant filed an application under Section
243 of the Code of Criminal Procedure wrongly mentioned as Section 293 of
the Code of Criminal Procedure, 1973 for referring the cheque in question
for examination by the Director of Forensic Science Laboratory for
determining the age of his signature, contending that the respondent had
obtained a signed cheque from him in the year 1999 as a security for a hand
loan of Rs.50,000/- which had been paid back, but instead of returning the
cheque, the same has been misused by entering a huge amount, which he did
not owe to the appellant.
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