R LAKSHMIKANTHAN Vs. K SENTHILKUMAR

JUDGEMENT

(1.) This Petition is filed seeking a direction to set aside the order dated 5.1.2006 passed by the learned Additional District and Sessions Judge, F.T.S.C. No. 1, Coimbatore in Crl.R.P. No. 164 of 2005 confirming the order of the learned Judicial Magistrate No. II, Udumalpettai dated 20.10.2005 in C.M.P. No. 2961 of 2005 in C.C. No. 33 of 2005.

(2.) The petitioner is an accused in C.C. No. 33 of 2005, taken on the file by the learned Judicial Magistrate No. II, Udumalpettai, based on a private Complaint under Section 138 of Negotiable Instruments Act for the dishonour of a cheque dated 4.1.2005, alleged to have been issued by the petitioner for a sum of Rs. 4,00,000/- towards his debt. The petitioner filed the above Miscellaneous Petition No. 2961 of 2005 to send the document for examination by handwriting expert as he took a defence that his signature was forged.

(3.) The learned Judicial Magistrate dismissed the application on the ground that the petitioner has not taken such defence on receipt of the statutory notice and he has filed the petition only to drag on the matter as the trial was at progress. Aggrieved against the said order, the petitioner preferred a Revision in Crl.R.C. No. 164 of 2005 before the learned Additional District Judge, Coimbatore.