RETNABAI Vs. BELARMINE JOSEPH

JUDGEMENT

(1.) The Petitioner/Accused focussed the present Criminal Revision Petition as against the order dated 06.07.2011 in C.M.P. No. 3935 of 2009 in C.C. No. 79 of 2007 passed by the learned Judicial Magistrate No. II, Kuzhithurai. The learned Judicial Magistrate No. II, Kuzhithurai, while passing the impugned order in C.M.P. No. 3935 of 2005 in C.C. No. 79 of.2007 on 06.07.2011, has, among other things, observed that '....Already, in order to find out the difference between the age of the signature in the cheque and the writings in the cheque till date, no final report has been filed in regard to the cheques sent from the Court after the examination of the same by Experts and per contra, the examination results have come which point out that age of the ink could not be found out' and therefore, in order to prevent the delay which is to occur any further in the case and also when the age of the ink could not be found out, the sending of the cheque in order to find out the age of the ink in regard to signature is not in furtherance of justice and ultimately dismissed the petition.

(2.) Assailing the propriety of the dismissal order passed by the trial Court in C.M.P. No. 3935 of 2011 in C.C. No. 79 of 2007 dated 06.07.2011, the Learned Counsel for the Petitioner/Accused submits that it is the consistent case of the Petitioner from the early stage that she borrowed only a sum of Rs. 50,000/- from the Respondent/Complainant and issued an unfilled cheque in his favour as a security and that the Respondent/Complainant, as against the trust reposed, has filled up the cheque for a sum of Rs. 3,25,000/- (Rupees Three Lakhs Twenty Five Thousand only) without her knowledge and consent and presented the cheque for collection.

(3.) The Learned Counsel for the Petitioner/Accused urges before this Court that in order to establish her defence, she filed C.M.P. No. 3935 of 2009 in C.C. No. 79 of 2007 on the file of trial Court to refer the cheque to an handwriting expert to ascertain the age of the writings found in the cheque. However, the trial Court dismissed the petition on the grounds that there is no facility available in the Forensic Department to find out the age of the ink.