PUSHPA Vs. B.P.UMESH

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for setting aside the order passed by the XX Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.24402/2018 dtd. 16/8/2022 on the application filed by the petitioner under Sec. 45 of the Indian Evidence Act, 1872.

(2.) Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent.

(3.) The case of the petitioner is that the respondent is the complainant before the trial Court who filed a complaint under Sec. 200 of Cr.P.C. for the offence punishable under Sec. 138 of N.I. Act for having dishonour of the cheque for Rs.10.00 lakhs said to be issued by the petitioner to the respondent. After taking the cognizance, the trial Court issued summons to this petitioner, he appeared before the Court and denied the charges. Thereafter, the complainant examined himself as witness, got marked the documents and the case of the accused was one of the total denial, wherein, the complainant has produced and marked Ex.P.12-the loan agreement which is said to be executed by the petitioner- accused on 23/9/2017 which was denied by the petitioner in the cross-examination and also the petitioner is said to be produced Ex.D.7-the endorsement issued by the Bar Association stating that the stamp paper (non-judicial paper) said to be prepared a loan agreement by the complainant was not at all sold in the year 2017, the alleged date of its execution and it was sold only in the year 2018 i.e., on 3/5/2018. Based upon this document, the petitioner counsel filed an application under Sec. 45 of the Indian Evidence Act for referring the Ex.P.12-loan agreement to the FSL for expert opinion which was dismissed by the trial Court. Hence, he is before this Court.