K RAMALINGAM Vs. MUSTAFA KAMAL

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to set aside the order dated 10.02.2010 passed in Crl.R.C.No.25 of 2009 on the file of the Principal District and Sessions Judge, Dindigul confirming the order dated 5.10.2009 passed in M.P.No.7143 of 2009 in S.T.C.No. 1081 of 2008 on the file of the Judicial Magistrate, Nilakkottai.

(2.) The petitioner herein as arrayed as accused in S. T .C.No. 1081 of 2008 and the respondent herein has preferred a complaint under Section 138 of the Negotiable Instrument Act, which was taken on file in S.T.C.No. 1081 of 2008. During the trial, the petitioner herein has preferred a petition in Cr.M.P.No.7143 of 2009 for sending the cheque for handwriting expert opinion for ascertaining the age of the ink used in the cheque that has been dismissed by the Judicial Magistrate, Nilakkottai, Aggrieved by the said order, the petitioner has been preferred a revision before the District and Sessions Judge, Dindigul. where, the same was dismissed on 10.2.2010. against which the petitioner has come forward with the present petition.

(3.) The learned counsel appearing for the petitioner would contend that since he is facing the criminal case, he has filed a petition under Section 243(2) Cr.P.C. and 45 of Indian Evidence Act to send the cheque in question to the handwriting expert and forensic department to ascertain the age of the ink used in the cheque stating that the cheque is question has been missed from his shop and hence, it is necessary to ascertain the age of the ink used in the cheque; but, the Judicial Magistrate has not considered the fact and dismissed the application and the revisional court has also not considered the same in proper perspective; he has been relied upon several judgments, that has not been properly considered by both the Courts below and hence, he prayed for the allowing the petition.