R.THARMAMBAL Vs. V.CHRISTOPHER MONI PRAKASH

JUDGEMENT

(1.) The Revision Petitioner has preferred the instant Criminal Revision Petition as against the order dated 12.07.2012 in Cr.M.P.No.620 of 2012 in C.C.No.54 of 2012 passed by the Learned Judicial Magistrate No.II (Fast Track Court) Nagercoil.

(2.) The Learned Judicial Magistrate No.II (Fast Track Court) Nagercoil, while passing the orders in Cr.M.P.No.620 of 2012 on 12.07.2012, has among other things observed that the Private Complaint case now is pending for arguments and also that the Petitioner/Accused side has not filed re-open petition and in the absence of any reply and also not let in any evidence and also at the time of Court putting the questions, not raising the point and only at the time of cross examination of P.W.1, the same being raised by the petitioner shows his ulterior motive to prolong the case etc. and resultantly dismissed the petition without costs.

(3.) The Learned counsel for the Petitioner/Accused urges before this Court that the Trial Court should have seen that the Petitioner/Accused filed Cr.M.P.No.620 of 2012 for the purpose of obtaining an Expert's opinion in terms of Section 45 of the Indian Evidence Act, 1872 and also that the defence of the Petitioner/Accused is that at no point of time, he issued the cheque in question which has not been taken note of by the Trial Court in a proper and real perspective.