THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1705 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Sections 397 and 401 Cr.P.C. with a prayer to set aside the order dt.25.07.2011 passed in Crl.M.P.No.1375 of 2011 in C.C.No.126 of 2010 by the learned V Additional Judicial Magistrate of First Class, Kakinada, where under the learned Magistrate dismissed the petition filed by the petitioner for sending Exs.P1 and P2 for comparison of the signature of the petitioner herein. 2. Heard both sides. 3. Petitioner is an accused in C.C.No.126 of 2010 for an offence under Section 138 of the Negotiable Instruments Act. 4. It is the case of the petitioner that the account does not belong to him and he has not signed in the cheque. The examination of D.W.2, the Bank Manager, indicates that the account does not stand in the name of the petitioner herein and further the said witness stated that the cheque in dispute not belongs to the petitioner herein. 5. Learned counsel for the petitioner submitted that the signature in Exs.P1 and P2 should be sent to the handwriting expert for comparison to prove that the petitioner is not the signatory to the instrument concerned. 6. Learned trial Judge rejected the contention and dismissed the application. This Court is also of the view that by invoking Section 45 of the Evidence Act even if expert opinion is obtained, it is not a conclusive proof. The Magistrate has also left with other procedures to compare the signatures. Hence, the learned Magistrate is directed to compare the admitted signature of the petitioner herein along with the signatures in the cheque and the promissory note purported to be issued by the petitioner herein. After perusal of the same, the Magistrate is directed to proceed with the case. 7. With the above observation, the Criminal Revision Case is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 24th August 2011, Rns.