S DURAISAMY Vs. STATE REPRESENTED

JUDGEMENT

(1.) In Crl.O.P.No.8091 of 2007, the petitioner seeks a direction to the learned Judicial Magistrate Court No.1, Attur to send the original cheque bearing No.142790 being subject matter of STC.No.1170 of 2006 to the Handwriting Expert, Forensic Science Laboratory, Kamaraj Salai, Chennai for comparison and opinion on the aspects sought for by the 1st respondent.

(2.) The petitioner informs that the 1st respondent police had filed a petition before the lower Court towards examination of the cheque in question in the said case by an expert at Chennai for opinion as regards the age of the ink found in the cheque or whether any alteration has been made, whether the signature of the complainant is true, whether the ink of the signature and the writing in words and figures are one and the same and whether the ink used to write the date of the Cheque and signature of the complainant is one and the same. Such petition was dismissed by the lower Court on 02.03.2007 informing that the cheque can be examined at Court and that the same could not be sent out of the Court. As against such order, the petitioner has preferred the present petition.

(3.) The order of the lower Court is to the effect that it would be for the expert to come to the Court and examine the cheque and it is on such reasoning that the petition filed by the 1st respondent has been dismissed.