T V SUGATHAN Vs. RAJU M THOMAS

JUDGEMENT

(1.) These proceedings arise from common order passed by the Sessions Court in three connected revision petitions.

(2.) The petitioner is the complainant in a prosecution under Section 138 of the N.I Act. The cheque is for an amount of Rs.30 lakhs. Signature in the cheque, it is submitted, is not disputed. Notice of demand, it is again submitted, did not evoke any response. In the course of the trial a contention appears to have been taken that the real liability was only Rs.10 lakhs and the cheque in question was issued only as security. The same is now being misutilised to stake a claim for Rs.30 lakhs, it is contended. There is a further contention that an amount of Rs.8 lakhs has been paid and discharged under Ext.D5 receipt/voucher. The complainant denied that document. Later it was put in the court through the accused. After the closing of the defence evidence, the accused filed 3 applications. The first was to re-open the case and recall PW1 for further cross examination. The second was to request the court to obtain the specimen signatures of the complainant in court and to use them for comparison under Section 73 of the Evidence Act. The third was to call for a pass book which had earlier been produced before the court by the complainant himself. Crl.M.C.Nos.4494 of 2005 & 70 of 2007 and

(3.) The applications were opposed by the complainant. The learned Magistrate dismissed all the 3 petitions. The court of revision however came to the conclusion that the petitions are liable to be allowed and that grant of such prayer is essential for a just decision of the case.