SIVANANDHA STEEL LTD Vs. UPASANA FINANCE LTD

JUDGEMENT

(1.) In vieW of the fact that the complainant as well as the adcused, viz., the petitioners are one and the same in all these cases and the question involved in these matters coupled with the impugned orders are also based on one and the same reason, this Court heard all these matters together and disposed of by means of this common order.

(2.) The revision petitioners, who have been arrayed as Al to A3, have come forward with these revision petitions challenging the orders passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, dismissing the peti-tions filed under Section 243 (2) Cr.P.C. read with Section 45 of the Indian Evidence Act seeking for the relief of sending the original cheques as well as the defence document, Ex.D.3, and the signature of the second accused con-tained in the statement recorded under Section 313 Cr.P.C. and the acknowl-edgment card marked as Ex.P.8, for getting expert opinion as the second ac-cused disputing his signature in the original cheques.

(3.) Mr.C.S.Dhanasekaran, learned counsel for the petitioners, would submit that the petitioners are facing trial for the alleged offence under Section 138 of the Negotiable Instruments Act. It is submitted that the trial had al-ready commenced and the examination of witnesses are over. It is submitted that the petitioners have examined the defence witnesses on 23.04.2003 and at that time, the present petitions were filed for seeking the relief of sending the original cheques for expert opinion by comparing the signature of A2 con-tained in the original cheques along with defence document, Ex.D.3, and the signature of the second accused contained in the statement recorded under Section 313 Cr.P.C. and the acknowledgment card marked as Ex.P.8.