N. MUNISWAMY REDDY Vs. M. NARAYANASWAMY

JUDGEMENT

(1.) The accused in CC.No.73/2009 pending on the file of JMFC, Srinivaspura, has come up in this criminal petition seeking to set aside the order dated 15.10.2013 passed in Crl.R.P.No.82/2012 on the file of I Additional Sessions Court, wherein the revision petition is dismissed confirming the order dated 6.10.2012 passed in CC.No.73/2009.

(2.) Admittedly, the aforesaid orders are on an application filed by the accused under Sections 45 and 73 of the Indian Evidence Act ('the Act' for short), seeking to refer the cheque dated 15.10.2008 (vide Ex.P1) produced by the complainant to the forensic laboratory for an opinion of the expert. When said application came to be filed, it was dismissed on the ground that there is admission on the part of petitioner herein, who is accused before the learned Magistrate in having put the signature on the said cheque. That since dispute is only with reference to the contents of the cheque not being written by the accused and according to him, the same is filled up by the complainant in handwriting other than that of the accused, therefore, the document is required to be referred for forensic investigation to verify the age of the signature as well as other contents of the disputed document/cheque by referring the document to forensic laboratory, does not arise. The learned Magistrate also felt that no grounds are made out to refer the cheque for chemical analysis and accordingly, rejected the application.

(3.) Being aggrieved by the same, the accused-petitioner herein preferred a revision under Section 397 of Cr.PC. in Crl.RP.No.82/2012 on the file of I Additional Sessions Judge, Kolar, wherein the learned Sessions Judge, after hearing the revision petitioner felt that in the light of Section 397(2) of Cr.PC., the order sought to be revised cannot be entertained by the Court of Sessions on the ground that it is only an interlocutory order and therefore, the said revision petition is not maintainable and accordingly dismissed the revision petition. Being aggrieved by the finding of both the courts below, this criminal petition is filed by the accused seeking to set aside the order passed by the Sessions Court in dismissing the revision petition and also seeking to set aside the order passed by the JMFC, Srinivasapura in rejecting his application filed under Section 45 and 73 of the Act.