S.MATHIAZHAGAN Vs. M.SELVARAJ

JUDGEMENT

(1.) THE petitioner/Accused has focussed the present Criminal Revision Petition before this Court as against the order dated 16.05.2012 in Cr.M.P.No.882 of 2012 in S.T.C.No.882 of 2012, passed by the Learned Judicial Magistrate, Fast Track Court, Srivilliputtur.

(2.) THE Learned Judicial Magistrate, Fast Track Court, Srivilliputtur, while dismissing the order in Cr.M.P.No.882 of 2012 on 16.05.2012 in S.T.C.No.4 of 2012, has among other things observed that "this case rested on Ex.P.2, Cheque" and further, the petitioner has admitted the signature found in Ex.P.2, Cheque as one belonging to him. But, he has repudiated that the signature found in Ex.P.1, Pronte, does not belong to him etc. and resultantly, dismissed the petition, by stating that prior adequate opportunities given to him have not been utilised and subsequently, the evidence has been closed on the side of the respondent/complainant and when the matter stands for evidence being let in on the side of the petitioner/accused, at that point of time, the petitioner has projected the miscellaneous petition malafide with a view to drag on the case proceedings and dismissed the petition as not maintainable.

(3.) ACCORDING to the Learned counsel for the petitioner/Accused, the Trial Court ought to have allowed Cr.M.P.No.882 of 2012 filed by the Revision petitioner, for obtaining opinion of Handwriting Expert.