- (1.) The present petitioner has been facing his trial relating to an offence punishable under Section 138 of the Negotiable Instruments Act involving dishonour of a Cheque of Rs. 2,65,000/-. During the trial the Cheque in question was produced in Court and has been exhibited. THE petitioner has not disputed his signature in the Cheque, but taking a plea that the Cheque has not been filled up by him, he prayed before the Learned Court below for sending the Cheque to the Handwriting Expert. Such application was rejected. Hence this Criminal Revision.
(2.) Heard Mr. Prasanta Kumar Banerjee, the Learned Counsel appearing for the petitioner, Mr. Subir Ganguly, the Learned Counsel appearing for the opposite party No. 1/complainant and Mr. Kashem Ali Ahmed, the Learned Counsel appearing for the State. This is a case where the petitioner has not disputed his signature in the Cheque in question. When the signature has been admitted, in whose handwriting the Cheque has been filled up has become absolutely immaterial for just decision of the case. Therefore, there cannot be any question of sending the Cheque to the Handwriting Expert. This Criminal Revision has no merits and accordingly stands dismissed. As prayed for, let this order be communicated to the learned Court below by Special Messenger at the cost of the complainant/opposite party no. 1 to be deposited in course of this day. Criminal Section is directed to supply the urgent Photostat certified copy of this order to the parties, if applied for.;