- 1 - NC: 2025:KHC:12788 CRL.P No. 2102 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2102 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. B.K. SHIVAKUMAR, S/O B.N. KRISHNAPPA, AGED ABOUT 47 YEARS, PROP. SREE VENKATESHWARA TRADERS (BIRLA CEMENTS), NO.846 (OLD NO.135/1), MAHESHWARAMMA TEMPLE ROAD, 3RD MAIN ROAD, KEMEGOWDA NAGARA, T. DASARAHALLI POST, YESHWANTHAPURA HOBLI, BANGALORE - 560 057. …PETITIONER (BY SRI. RAGHAVENDRA K, ADVOCATE) AND: SRI. D. DASEGOWDA, S/O. DODDEGOWDA, AGED ABOUT 58 YEARS, RESIDING AT NO.21, III CUT ROAD, 16TH CROSS, BAGALUGUNTE, NAGASANDRA POST, BANGALORE - 560 073. …RESPONDENT (BY SRI. G.A. ANTHONY CRUZE, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12788 CRL.P No. 2102 of 2021 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO i) QUASH THE ORDER DATED 08.01.2021 VIDE ANNEXURE-A BY THE HONOURABLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU IN CRL.RP.NO.524/2019. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the dismissal of application filed under Section 45 of the Indian Evidence Act by the learned Magistrate, confirmed by the Sessions Court in the revision petition. 2. Matter pertains to proceedings initiated by the respondent against the petitioner for an offence punishable under Section 138 of Negotiable Instruments Act, 1881, in respect of two cheques allegedly issued by the petitioner/accused for a sum of Rs.6,00,000/- and Rs.5,50,000/- respectively. - 3 - NC: 2025:KHC:12788 CRL.P No. 2102 of 2021 3. An application under Section 45 of Indian Evidence Act was filed by the petitioner questioning the document marked as Ex.P9 during the examination of complainant/PW1. The request to send the said document- Ex.P9 to the FSL, Madiwala, Bangalore for experts opinion regarding the authenticity of the signature appeared in Ex.P9, by comparing with that of the admitted signature of the accused in the vakalatnama and the documents produced by the bank manager, was dismissed by the learned Magistrate. 4. The learned Sessions Judge while dismissing the revision petition filed by the petitioner has observed that the accused would get an opportunity to argue on the point alleged in the petition at the time of final arguments before the trial Court and therefore, there is no need to interfere with the impugned order. 5. Learned counsel appearing for the respondent submitted that the application was filed only to prolong the case and the trial Court as well as revisional Court after - 4 - NC: 2025:KHC:12788 CRL.P No. 2102 of 2021 assigning reasons has rightly refused to allow the application for sending the document for examination to the FSL. 6. The complainant was examined as PW1 and some of the documents were marked as exhibits in the course of evidence. The accused is questioning the documents which is marked as Ex.P9, on the ground that the said document is created by the complainant for the purpose of the case. In the course of cross-examination, accused denied the signature appearing in the said document/Ex.P9. 7. In the facts and circumstances, to resolve the intricate question in controversy and for effective adjudication in the matter, this Court deems it proper to allow the application filed under Section 45 of Indian Evidence Act. Accordingly, the following: ORDER i. Petition is allowed. The impugned orders are set-aside. - 5 - NC: 2025:KHC:12788 CRL.P No. 2102 of 2021 ii. Application filed by the petitioner/accused in CC.No.16873/2017 on the file of XIV Additional, Chief Metropolitan Magistrate at Bengaluru is allowed. iii. The learned Magistrate shall take necessary action to send the document in question marked as Ex.P9 for examination by the experts, in accordance with law. iv. All the expenses shall be borne by the petitioner/accused. v. Learned Magistrate shall expedite the matter, considering that the case is of the year 2017. vi. I.A.Nos.1/2021 and 2/2023 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 12 CT: BHK