ALLWIN Vs. SELVARAJ

JUDGEMENT

(1.) THIS criminal revision has been preferred, challenging the order, dated 30.09.2009 made in Cr.M.P.No.3560 of 2009 in S.T.C.No.290 of 2008 on the file of the Judicial Magistrate, Sattankulam.

(2.) THE Revision Petitioner has stated that the Cr.M.P.No.3560 of 2009 was filed by the petitioner herein before the Court below, under Section 91 of the Code of Criminal Procedure, seeking an order to send for the school casual leave register, in order to prove that the petitioner was writing examination on the relevant day relating to the case.

(3.) LEARNED counsel appearing for the respondent submitted that it is a clear abuse of process of the Court by the petitioner, seeking an order under Section 91 of Cr.P.C to send for the attendance register, in spite of the fact that the petitioner has specifically admitted that Ex.P.1 and Ex.P.2 cheques relating to his bank account containing his signature and the cheques were dishonoured due to insufficient funds in the account. According to him, in order to cause delay, the aforesaid miscellaneous petition was filed by the petitioner before the Court below and that was rightly dismissed by the learned Judicial Magistrate.