HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9011 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to set aside the order dated 25.07.2011 made in Crl.M.P.No.1282 of 2011 in C.C.No.447 of 2010 on the file of the Judicial Magistrate of First Class for Railays, Guntur. The 2nd respondent herein filed a complaint in C.C.No.447 of 2010 on the file of the Judicial Magistrate of First Class for Railays, Guntur against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act. Subsequently, the petitioner filed Crl.M.P.No.1282 of 2011 before the trial Court with a prayer to send Exs.P.1 to P.4 to Forensic Science Laboratory, Hyderabad for obtaining the opinion of Handwriting Expert with regard to the age of the signatures on the said documents. Having heard both sides, the learned Magistrate dismissed the petition, by an order dated 27.07.2011, on the ground that it is premature stage and the question raised by the petitioner can also be determined after full-fledged trial. The same is under challenge in this criminal petition. It is the main grievance of the petitioner that there was a monetary transaction between him and the 2nd respondent till the year 2001-2002 and, in that connection, the 2nd respondent obtained blank pronotes and cheques, that subsequently he discharged the debt and when demanded for return of the blank pronotes and cheques, he informed that the same were misplaced, that as there was cordial relationship between them, he could not insist for return of the said documents, that thereafter some disputes arose between them and, thereby, the 2nd respondent pressed into service the pronotes by filling the gaps, with an evil intention. Learned counsel for the petitioner has submitted that the opinion of the handwriting expert is relevant factor for adjudication of the dispute, to know about the age of the ink and also the difference between the signatures of the petitioner and the contents of the instruments concerned. He further submitted that an accused person cannot be convicted without an opportunity being given to present his evidence and denial of the said opportunity would lead to an unfair trial. In this connection, he relied on a decision of the Apex Court in Kalyani Baskar (Mrs.) Vs. M.S.Sampoornam (Mrs.)[1]. This Court perused the judgment of the Apex Court referred to above wherein it is held that a fair opportunity should be given to the accused to establish his case. Considering the same and in the facts and circumstances of the case, the Criminal Petition is allowed, by setting aside the order dated 25.07.2011 made in Crl.M.P.No.1282 of 2011 in C.C.No.447 of 2010 on the file of the Judicial Magistrate of First Class for Railays, Guntur and, consequently, the said petition shall stand allowed. The learned Magistrate is directed to send Exs.P.1 to P.4 to Forensic Science Laboratory, Hyderabad for obtaining the opinion of Handwriting Expert with regard to the age of the signatures on the said documents and to proceed with the trial of the case, in accordance with law. The petitioner shall bear the expenses in this regard. Miscellaneous Petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 12th October, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.9011 of 2011 (Allowed) 12th October, 2011 cbs [1] (2007) 2 S.C.C. 258