2.The accused is facing prosecution in C.C.No.47 of 2013 before the Judicial Magistrate, Fast Track Court, Karaikudi, for offence under Section 138 of the Negotiable Instruments Act, which has been launched by the complainant herein. During trial, the accused rebutted the signature in the impugned cheque and also filed an application under Section 45 of the Evidence Act for sending the impugned cheque to be compared with the admitted signature of the accused by an expert. The said petition was allowed and the impugned cheque along with the admitted signature of the accused had been sent for comparison by an expert. The expert opinion has been received, which, according to the accused, is in his favour. While so, the accused filed a petition in CMP No.3415 of 2016 in C.C.No.47/2013 for recalling the complainant (P.W.1) and for examination of the expert, who had conducted the comparison. The trial Court by order dated 01.12.2016 in C.M.P.No.3415 of 2016 in C.C.No.47/2013 allowed the petition partly by permitting the examination of the Expert, but disallowing the plea of the accused to recall the complainant. Challenging which, the accused is before this Court. https://hcservices.ecourts.gov.in/hcservices/
