M. VAIRAVAN Vs. KALIYAMMAL

JUDGEMENT

(1.) AT the time of admission, the arguments advanced by the learned counsel for the revision petitioner were heard in length.

(2.) THE revision petitioner, who is the accused in S.T.C.No. 663 of 2013, has come forward with the present revision, challenging the impugned order passed in Cr.M.P.No. 4511 of 2014 in S.T.C.No. 663 of 2013, dated 08.10.2014, on the file of the learned Judicial Magistrate No. II, Fast Track Court at Magisterial Level, Madurai District, dismissing the application filed under Sections 45 and 73 of Indian Evidence Act, seeking the relief of sending the disputed cheques to the Handwriting Expert to the Central Forensic Science Laboratory to determine the age of the ink of the writing and the signature and the age of the body writings of the cheque and the signature.

(3.) CONSIDERING the arguments advanced by the learned counsel for the revision petitioner and on perusal of the typed -set of papers, it is seen that the respondent herein, as a complainant, filed a complaint under Sections 138 and 142 of Negotiable Instruments Act, stating that the cheque dated 25.04.2013 bearing No. 244356 has been issued for discharging the legally subsisting liability, which was presented for encashment, and that has been returned as 'no funds available'. After issuance of statutory notice, the revision petitioner sent reply stating that he has not issued any cheque to the complainant. Even then, a complaint has been preferred. During the pendency of the complaint, the present application has been filed.