DHANA VANTHAN Vs. RAVI CHETTIYAR

JUDGEMENT

(1.) Challenging the impugned order dtd. 5/3/2021 passed in C.C.No.149 of 2019 by the learned Judicial Magistrate, Madurantagam, the present criminal revision case has been filed.

(2.) The fact of the case is that the petitioner is an accused in C.C.No.149 of 2019 on the file of the Judicial Magistrate Court, Maduranthagam. The respondent filed a complaint against the petitioner/accused for an offence under Sec. 138 of N.I.Act. In this case, witnesses have been examined before the trial Court and documents have been marked. When the case is posted for defence side evidence, the petitioner/accused filed an application under Sec. 45 of the Evidence Act sought to forward the disputed cheque Ex.P2 for testing his signature to the forensic department to obtain an expert opinion as the petitioner disputed his signature in the cheque. The petition was dismissed by the trial Court on the ground that during the cross examination, the petitioner had not disputed his signature in the cheque Ex.P2, only for dragging the case, filed this application. Hence, it is under Challenge.

(3.) The learned counsel for the petitioner/accused submitted that the respondent/complainant filed a complaint for the offence under Sec. 138 of N.I.Act upon the dishonour of cheque Ex.P2 for the amount of Rs.25,00,000.00. The petitioner disputed his signature in the cheque and he took the specific defence of forgery of signature, the complainant had not taken any steps to prove the cheque before the Court. Therefore, it has to be sent to the forensic department to obtain an expert opinion otherwise the petitioner will suffer serious loss and hardship and thus, pleaded to set aside the impugned order and to allow the criminal revision.