D Suresh Babu v. Dinesha M R
Case brief
What is this about?
Karnataka HC criminal petition S.482 Cr.P.C./S.528 BNSS by accused in S.138 N.I. Act case C.C.No.50198/2021; rejection of application under S.293 Cr.P.C. r/w S.45 Evidence Act for thumb impression comparison set aside; earlier order dated 30.01.2024 had permitted expert examination of disputed signatures and thumb impression; Truth Labs report dated 23.08.2024 (File No.TLB/QD/062/2024) covered questioned signatures Q1-Q3 but omitted thumb impression opinion; direction to refer disputed thumb impression of accused No.1 to M/s Truth Labs, secure report, dispose within six months, expenses on petitioner; Judge S.R. Krishna Kumar; petitioners D. Suresh Babu and D. Mohana Sundaram; respondent Dinesha M.R.; advocates Santhosh Kumar M.B. and Srinivas N.; Annexures K and M; Section 91 Cr.P.C.
What did the court decide?
Impugned Trial Court order set aside; application dated 04.11.2024 in C.C.No.50198/2021 under Section 293 Cr.P.C. r/w Section 45 of the Indian Evidence Act allowed; Trial Court directed to send the disputed thumb impression of accused No.1 to M/s Truth Labs for comparison with his specimen thumb impression, secure the report, and dispose of the proceedings within six months; expenses to be borne by the petitioner; rival contentions kept open.