HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1886 of 2010 ORDER: This Criminal Revision Case is filed by the petitioner-accused, under Section 397 r/w 401 of Cr.P.C., seeking to quash the order dated 16.08.2010 passed by the II Addl. Judicial Magistrate of First Class, Nellore, S.P.S. Nellore District, in Crl.M.P.No.2615 of 2010 in C.C.No.109 of 2008. The petitioner herein filed aforesaid petition before the trial Court, under Section 45 of the Evidence Act, with a prayer to send the cheque in question for expert opinion for comparing the disputed signature in it with his admitted signature. The learned Magistrate, after hearing the arguments, dismissed the application, by an order dated 16.8.2010. The same is questioned in this revision. Learned counsel for the petitioner submitted that the cheque in question was lost by the petitioner and to that effect the petitioner addressed a letter to his banker with a request to stop payment of the missed cheque, but the said bank inadvertently returned the cheque unpaid with an endorsement “insufficient funds” instead of “cheque stopped by the drawer/cheque stolen and lost”. On the other hand, learned counsel for the 1st respondent submitted that the complaint was filed in the year 2008 and only with an intention to drag on the proceedings the petitioner filed the petition. The opinion of the hand-writing expert is not a conclusive proof and it is only an aid to the trial Court. Further, the trial Court can also compare the disputed signature in the instrument concerned with the admitted signature of the petitioner and decide the issue. Hence, this Court is of the view that the trial Court has rightly dismissed the petition filed by the petitioner. Accordingly, the Criminal Revision Case is dismissed and the miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 19th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.l886 of 2010 (Dismissed) 19th August, 2011 cbs