JAY SENGUPTA,J. - (1.) This is an application challenging an order dated 09.09.2019 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Bichar Bhavan, Calcutta in Criminal Revision No. 136 of 2019, thereby dismissing the said revision and affirming the order dated 08.04.2019 passed by the learned Metropolitan Magistrate, 20th Court, Calcutta in Complaint Case No. CS/0059534 of 2016 under Sections 138 and 141 of the Negotiable Instruments Act.
(2.) Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. The complainant had relied on a money receipt purportedly signed by the accused to substantiate the consideration behind the cheque-in- question. An application was made by the petitioners on 01.03.2019 to have the signature on the money receipt compared with admitted signature of the accused by a handwriting expert. Thereafter, the accused was examined under Section 313 on 07.03.2019. The learned Magistrate went on to compare the signature of the accused on the 313 sheet with his signature on the Vakalatnama, the application for bail and the application under Section 205 of the Code and came to a finding that the accused had purportedly made a different signature in the Section 313 sheet. However, the signature on the money receipt was not compared with. The learned Magistrate rejected the application to send the matter to a handwriting expert.
(3.) This order was affirmed by the learned Session Judge.;