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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 15TH DAY OF NOVEMBER, 2012

BEFORE

THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS

CRIMINAL PETITION No. 5866/2012

BETWEEN :
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K M SHANKARA
S/O. MALLEGOWDA
AGED ABOUT 45 YEARS
R/O. KARADAKERE VILLAGE
C A KERE HOBLI
MADDUR TALUK – 571 401. … PETITIONER

(By Sri. G B SHARATH GOWDA, ADV.)

AND :
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C KARIGOWDA
S/O. KENGEGOWDA
AGED ABOUT 33 YEARS
R/O. BIDARAHALLI VILLAGE
C A KERE HOBLI
MADDUR TALUK – 571 401. … RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 Cr.P.C. WITH A PRAYER TO SET ASIDE THE ORDER
DATED 11.11.2011 PASSED BY THE PRL.C.J. (JR.DN.) &
JMFC, MADDUR PASSED ON I.A. U/S. 243(2) Cr.P.C. IN C.C.
No. 1143/2008 AND ETC.

THIS CRIMINAL PETITION COMING ON FOR

ADMISSION THIS DAY, THE COURT PASSED THE
FOLLOWING;

ORDER

Petitioner is the accused in C.C. No. 1143/2008 for the

offence punishable under Section 138 of the Negotiable Instruments

Act. The evidence on the side of the respondent is completed. When

the matter was set down for final arguments the petitioner filed an

application under Section 243(2) Cr.P.C. to refer the disputed

cheque to a handwriting expert for his opinion with regard to the age

of the signature. Under the impugned order the application filed by

the petitioner came to be rejected. Against this order the petitioner

filed revision petition in Crl.R.P. No. 323/2011 and the same came

to be dismissed on 10.07.2012 by the Principal Sessions Judge,

Mandya. Therefore the present petition is filed.

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2. It is settled position of law that Court Commissioner cannot

be appointed to collect evidence. It is for the petitioner to place

evidence on record in support of his defence. In the circumstances

the impugned orders passed by both the Courts below are in

accordance with law and I find no justifiable ground to interfere with

the same. Accordingly, the petition is hereby dismissed.

Sd/-
JUDGE.
LRS.