1 APHC010681982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13077/2025 Between: 1. V BHUVANESWARACHARI, S/O. NAGACHARI,AGED ABOUT 56 YEARS, OCC SCHOOL ASSISTANT,TIRUPATI, TIRUPATI DISTIRCT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLICPROSECUTOR, HIGH COURT JUDICATURE, AMARAVATHI. 2. N VENKATACHALAPATHY, S/O. SRINIVASULUSETTI,AGED ABOUT 56 YEARS, R/O. NEAR BYPASS ROAD,0PP. MANJUNATHA KALYANA MANDAPA, KOTHAINDIU,PUNGANUR TOWN MANDAL, CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent/complainant(S): 2 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the BNSS has been filed by the petitioner/accused seeking quashment of the order dated 22.10.2025 in Criminal Revision Petition No. 17 of 2023, passed by the learned II Additional District and Sessions Judge, Madanapalle, whereby the revision filed by the petitioner was dismissed, confirming the order dated 07.03.2023 in Crl.M.P. No. 129 of 2020 in C.C. No. 626 of 2017 on the file of the learned I Additional Judicial Magistrate of First Class, Punganur. 2. Heard Sri K.Mahadeva, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. Learned counsel for the petitioner would submit that, without appreciating the contentions raised by the petitioner, both the learned trial Judge and the appellate Judge dismissed the petitions filed by the petitioner. 4. Learned Assistant Public Prosecutor would submit that the orders passed by the learned trial Judge as well as the appellate Judge are on correct lines and prays for dismissal of the present petition. 5. Having heard the submissions made on behalf of the learned counsel representing both sides, and on a bare perusal of the order passed by the learned trial Judge, it is revealed that a petition was filed before the trial Court seeking to send Ex.P1 cheque to an expert for comparison and opinion, and to determine the age of the ink between the signature on Ex.P1 cheque and 3 the other writing columns of Ex.P1. The learned trial Judge observed that, in the reply notice marked as Ex.P1, the petitioner/accused had nowhere denied his signature on Ex.P1. Even during the cross-examination of the complainant as PW1, it was nowhere suggested that the said signature did not belong to the accused. The record clearly shows that the plea of forgery was taken for the first time during the cross-examination of the accused. This view was supported by the learned appellate Judge in the order dated 22.10.2025 in Criminal Revision Petition No. 17 of 2023. 6. In a decision of High Court of Bombay in Subhash Ankush Chaudhari V. Yogesh Dnyaneshwar Kurhe and another1, wherein it is categorically held that when the signature on a cheque is admitted, there is no question of sending the same to the handwriting expert. 7. The composite High Court of Andhra Pradesh in Kambala Nageswara Rao Vs. Kesana Balakrishna 2 , with regard to the expert opinion on determination of age of ink held that mere determination of age, even if there exists any facility for that purpose; cannot, by itself, determine the age of the signature. 8. In the instant case, since the accused had previously admitted his signature on Ex.P1 cheque, as rightly held by both the learned trial Judge and the appellate Judge, there is no necessity to send Ex.P1 cheque to an expert. Therefore, there is no infirmity or illegality in the orders passed by the learned trial Judge as well as the appellate Judge, and the same do not warrant 1 2020 SCC ONLINE BOM 5702 2 2014 AIR AP 37 4 interference by this Court and this petition is devoid of merits and is liable to be dismissed. 9. Accordingly, the Criminal Petition is dismissed. Pending applications, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 29.12.2025. Asr 5 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.13077 OF 2025 Dated : 29.12.2025 Asr