T. KUPPUSAMY Vs. THANGAVEL

JUDGEMENT

(1.) THIS Revision filed under Section 397 read with 401 Cr.P.C., is directed against the order dated 22.12.2008 in C.M.P.No.5 of 2008 in C.A.No.161 of 2007 on the file of I Additional District Judge, Salem, dismissing the petition filed by the petitioner under Section 45 of the Evidence Act and Section 391 Cr.P.C., in the pending criminal appeal.

(2.) THE petitioner is the accused and as against the conviction under Section 138 of the Negotiable Instruments Act in C.C.No.652 of 2005 on the file of the Judicial Magistrate No.5, Salem dated 03.10.2007, the petitioner preferred appeal in C.A.No.161/2007 on the file of I Additional District Judge, Salem. During the pendency of the appeal, the petitioner filed a petition under Section 45 of the Evidence Act read with Section 391 Cr.P.C., to send to the Forensic Sciences Department the counterfoil of the cheque book marked as Ex.P.1, in which the signature of P.W.2 Subramani is found for a comparison along with admitted signature in the Court records.

(3.) HEARD Mr.K.Selvakumarasami, learned counsel for the petitioner and Mr.R.Nalliyappan, learned counsel for the respondent.