A DEVARAJ Vs. RAJAMMAL

JUDGEMENT

(1.) The petition is filed seeking a direction to set aside the order dated 10.11.2009 made in Crl.R.C. No. 37/2008 by the learned Additional District and Sessions Judge, Gopichettypalayam and confirming the order passed by the learned Judicial Magistrate, Sathyamangalam in CMP No. 3579 of 2007 in C.C. No. 595 of 2004 dated 2.5.2008.

(2.) Petitioner is the accused in C.C No. 595 of 2004 pending on the file of Judicial Magistrate, Sathyamangalam, Erode. The said proceedings was initiated on a private complaint lodged by the Respondent for an offence under Section 138 r/w 142 of Negotiable Instruments Act (hereinafter referred to as "Act").

(3.) Pending proceedings, the Petitioner has filed CMP No. 3579 of 2007 under Section 45 of the Indian Evidence Act seeking for an order to send the cheque to the expert to determine the "age of the ink" found in the cheque. It was opposed by the complainant. The learned Judicial Magistrate relied on a decision reported in S. Gopal v. P. Balachandran,2008 1 CTC 496), wherein it is held that there is no scientific facility to determine the age of the ink. Consequently, the learned Magistrate dismissed the application.