Court Upholds Dismissal of Petitioner's Expert Evidence Application in Check Bounce Case

The court upheld the trial court and sessions judge's decision to dismiss the petitioner's application for permission to collect evidence for expert analysis in a case under section 138 of the Negotiable Instruments Act. Despite the petitioner's claim of signature misuse by the complainant, his admission to signing the cheque held him liable. The court emphasized the importance of confronting the complainant with the defense during the trial and found no basis to quash the orders, ultimately dismissing the petition under section 482 of the Criminal Procedure Code.

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Issues involved: Complaint u/s 138 of Negotiable Instruments Act, 1881, permission for evidence collection, challenge to trial court and sessions judge orders, quashing petition u/s 482 Cr.P.C.

In the judgment, the petitioner had filed an application seeking permission to take photographs of the cheque and specimen handwriting of the complainant for expert analysis during the trial. The trial court and sessions judge had dismissed the application, leading to a challenge in a petition for quashing u/s 482 Cr.P.C. The petitioner admitted his signatures on the cheque but claimed it was filled up and misused by the complainant. However, the court noted that the petitioner did not confront the complainant with this defense during the trial. The court emphasized that even if details on the cheque were filled by someone else, the petitioner cannot escape liability u/s 138 of the Negotiable Instruments Act if he admitted his signatures. Ultimately, the court found no grounds to quash the orders and dismissed the petition.

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