KALYANI BASKAR vs M.S SAMPORNAM

The Supreme Court addressed the powers of a Magistrate under Section 243 of the Code of Criminal Procedure, 1973, in the context of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the Magistrate's refusal to send a disputed cheque for expert opinion was erroneous, emphasizing that the genuineness of a signature is a critical element that must be established for the prosecution to succeed. Consequently, the Court allowed the appeal and directed the Magistrate to consider the application for expert opinion on the signature.