2021 (1) TMI 339

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....s the 2nd accused in S.T.No. 25 of 2017 and connected cases pending before the Judicial Magistrate of the First Class-II, Tirur. The cases originated from complaints filed by the 1 st respondent against the petitioner and another, alleging commission of the offence under Section 138 of the Negotiable Instruments Act. In the complaint it is alleged that the petitioner, in his capacity as a Director....

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.... the same parties, the court ordered joint trial. During the course of such trial, the petitioner filed an application seeking to send the cheques for expert opinion regarding the entries therein. The said application stands rejected by Annexure A1 order and hence this Crl.M.C. 2. The application seeking expert opinion was filed on the premise that, during his cross examination, the complainant....

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....d dismissed the application finding that, obtaining handwriting experts opinion would in no way help the court to arrive at a just decision in the case. 5. Sri. N.K.Mohanlal, learned Counsel for the petitioner, assailed the findings in the impugned order, contending that, by dismissing the application the lower court had prevented the petitioner from letting in best evidence. It is contended th....