M S SARAVANAN Vs. S M JEYARAJ

JUDGEMENT

(1.) The Petitioner/Accused has preferred the instant Criminal Revision Case as against the order dated 06.09.2013 in Crl.M.P.No.5149 of 2013 in C.C.No.721 of 2012 passed by the Learned Judicial Magistrate, Fast Track Court, (Magisterial Level), Tuticorin, Tuticorin District.

(2.) Earlier in Crl.M.P.No.5149 of 2013 in C.C.No. 721 of 2012 filed by the Petitioner/Accused before the trial court it is averred that he has not borrowed any loan from the Respondent/ Complainant and further stated that he has not executed any pronotes. Further, it is specifically mentioned that the Complainant (Respondent) forged the signature of the accused and filed the case and also marked documents Ex.A.5 to A8. As a matter of fact, the petitioner has sought for verifying the signatures in Ex.A5 to A8 documents by the Hand Writing and Finger Print Experts along with the specimen signatures. Therefore, the petitioner filed a petition seeking permission of the trial court to send the petition mentioned documents to the Hand Writing Expert and to compare his signatures found in the said pronotes etc.

(3.) The Respondent/Complainant filed a counter to Crl.M.P.No.5149 of 2013 stating that the signature in Ex.A.5 to A8 documents could not be compared with subsequent signatures obtained in court. Further, it is stated that the Petitioner/Accused has not denied the signature in the cheque issued and further that the petition has been filed by the Petitioner/Accused only to prolong and protract the proceedings.