T. SENTHILKUMAR Vs. INDIRANI

JUDGEMENT

(1.) CODE OF CRIMINAL PROCEDURE, 1973 praying to call for the records relating to the orders passed by the Magistrate and set aside the same - dismissing the petition filed by the petitioner herein seeking an order to send the disputed cheque to the forensic lab for the opinion of a handwriting expert - petition came to be filed, after recording of the evidence adduced on the side of the complainant was over and the revision petitioner/accused was called upon to enter upon his defence - Magistrate, upon considering the request and the averments made in the affidavit filed in support of the petition, came to the conclusion that the petition was nothing but an attempt to protract the case and the object of the petitioner was vexation and delaying the criminal proceedings hence petition was dismissed - Impugning the order of the Magistrate ,the petitioner would submit that a person accused of an offence is entitled to a fair trial and when the accused is called upon to lead defence evidence to establish his innocence, opportunity of leading every type of evidence ought to be given and the denial of an opportunity to lead evidence regarding the genuineness of the document will amount to denial of fair trial petitioner has not made even a murmuring that the signature found in the dishonoured cheque is not that of the petitioner - there is no specific denial of the signature and it has also not been stated any-where in the affidavit as to the purpose, for which he wants to have the document examined by an expert to find out whether the ink used for filling up the body of the cheque and for writing the signature are one and the same or different - not the case of the petitioner that a blank signed cheque was given with the specific understanding that the same would be used only as security for any other purpose and the same was filled up latter on by the complainant - petitioner simply stated that the ink differs and that has got to be verified by referring the cheque to the forensic lab - held - object of the petition is nothing but vexation and delaying the criminal proceedings - finds no defect or infirmity much less illegality in the order passed by the Judicial Magistrate Criminal Revision Case deserves dismissal in limini.