- 1 - NC: 2025:KHC-D:2265 CRL.P No. 100553 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100553 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: CHANABASAPPA @ CHANBASU S/O PARAPPA KATHATE, AGE: 64 YEARS, OCC: BUSINESS, R/O: CHAVADI GALLI, MUDHOL ROAD, JAMKHANDI, TALUK: JHAMKANDI, DIST: BAGALKOT-587 301. … PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, SRI. ANAND BAGEWADI AND SMT. SANJANA MUDHOL, ADVOCATES) AND: DAWOOD S/O ABBAS MUJJAWAR, AGE: 45 YEARS, OCC: NIL, R/O: MOMIN GALLI, JAMAKHANDI, TQ. JAMAKHANDI, DIST: BAGALKOT-587 301, NOW RESIDING AT: ADAGALLAPEER DARGA, MUDHOL ROAD, JAMAKHANDI, DIST: BAGALKOT-587 301. … RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE IMPUGNED ORDER DATED: 28.01.2025 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, JAMKHANDI IN C.C. NO.583/2019 FOR THE OFFENCES PUNISHABLE U/S 138 OF N.I. ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:20 +0530 - 2 - NC: 2025:KHC-D:2265 CRL.P No. 100553 of 2025 ORAL ORDER 1. The petitioner challenges the order passed by the trial Court, whereby the application filed by him under Section 45 of the Indian Evidence Act, 1872, seeking to refer the subject cheque to a handwriting expert to ascertain the genuineness of the signature on the cheque, was rejected. 2. Heard the learned counsel for the petitioner. 3. In the cross-examination of the complainant, the petitioner did not suggest that the signature on the subject cheque does not belong to him, nor did he adduce any defense evidence. Therefore, the trial Court was justified in rejecting the application filed by the petitioner. I do not find any error or illegality in the impugned order of the trial Court. Accordingly, the petition stands dismissed. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT: BCK LIST NO.: 2 SL NO.: 49