HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.5004 of 2014
Date: 10.06.2014 Between:
Smt. C. Lakshmi Devi, W/o. Sri C. Subbarayudu .. Petitioner/ A.2 AND The State of Andhra Pradesh, rep.by Public Prosecutor, High Court of A.P., Hyderabad, and another . .. Respondent/ Complainants HON'BLE Dr. JUSTICE K.G.SHANKAR Crl. Petition No.5004 of 2014 ORDER:
The petitioner is the second accused. Along with her husband, who is A.1, she filed a petition in Crl.M.P.No.1906 of 2012 in C.C.No.182 of 2011 on the file of the I Additional Judicial First Class Magistrate, Proddatur under Section 45 of the Evidence Act seeking to send the disputed cheque for the opinion of the handwriting expert. The petitioner claimed that she did not sign the cheque and her purported signature on the cheque was forgery. The trial Court dismissed the application. Aggrieved by the same, the present petition is laid.
2. The learned counsel for the petitioner/A.2 pointed out that the first accused gave a reply to the notice of the second respondent/de facto complainant that he along with his wife signed the cheque and that the trial Court held that as the husband admitted that the petitioner signed the cheque, the petitioner cannot seek for sending the document to handwriting expert.
3. As rightly submitted by the learned counsel for the petitioner, admission on the part of the first accused is not binding on the petitioner. Where the petitioner claimed that her signature was forgery and where the petitioner filed a petition under Section 45 of the Evidence Act shortly, after the case was taken on file by the trial Court, I consider it appropriate to permit the petitioner to send the document to handwriting expert.
4. Consequently, the Criminal Petition No.5004 of 2014 is allowed. The order in Crl. M.P.No.1906 of 2012 is set aside. The petitioner is permitted to send the disputed cheque to handwriting expert for examination of her admitted signature with the disputed signature of the second accused/petitioner in the cheque. The learned trial Judge shall pass orders deciding the expert to whom the document is to be sent and fee thereof. Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 10.06.2014 Isn