THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2162 of 2011 ORDER: Petitioner approaches this Court with a prayer to direct the learned Magistrate, before whom C.C.No.269 of 2008 is pending, to send the original documents as required by the Andhra Pradesh Forensic Science Laboratory vide its letter dated 17.01.2011. The petitioner is the accused in C.C.No.269 of 2008 on the file of the Special Judicial First Class Magistrate (Prohibition & Excise), Kurnool, wherein he is facing trial for the offences punishable under Section 138 and 142 of the Negotiable Instruments Act. During pendency of the said case, he filed an application being Crl.M.P.No.3437 of 2010 in C.C.No.269 of 2008 under Section 45 of the Indian Evidence Act, stating that the signature on the instrument is forged one and it is not his signature, therefore, prayed to send the disputed cheque to a handwriting expert for comparison, so as to ascertain the genuineness of the cheque. The learned Magistrate allowed the said Crl.M.P.No.3437 of 2010, by order dated 08.11.2010. Pursuant thereto, the disputed cheque along with some documents containing the admitted signatures of the petitioner were sent to the Forensic Science Laboratory for the purpose of comparison of the signature on the disputed cheque. Subsequently, the Forensic Science Laboratory forwarded a letter dated 17.01.2011 to the concerned Court, which reads as under: “Please send some more admitted signatures of T.V.Ramana for the purpose of comparison. (Original standard documents are required as Photostat copies are not suitable for comparison).” The grievance of the petitioner is that without sending the originals as required by the Forensic Science Laboratory in its letter dated 17.01.2011, the learned Magistrate is proceeding with the trial and posted the case for cross-examination of the complainant. Learned counsel for the petitioner submitted that when once the learned Magistrate passed an order to send the disputed cheque to a handwriting expert for the purpose of comparison, it is the duty of the Magistrate to forward the documents as per the request of the expert for obtaining his opinion regarding the genuineness of the signature found in the disputed cheque. Considering the entire material placed on record and the submissions of the learned counsel, the learned Magistrate is hereby directed to comply with the request of the Forensic Science Laboratory, in its letter dated 17.01.2011, in order to decide the issue and for the just decision of the case. Further, after obtaining the opinion of the handwriting expert only, the learned Magistrate shall proceed further in C.C.No.269 of 2008. With the above directions, this criminal petition is disposed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 22.03.2011 v v