CHRISTIANA Vs. A. MOHAMED IBRAHIM

JUDGEMENT

(1.) By consent, the Criminal Revision Case is taken up for final disposal. The revision petitioner herein is arrayed as accused in C.C.No.72 of 2013, pending on the file of the Court of Judicial Magistrate/Special Court for exclusive trial of Land grabbing cases, Thoothukudi (Full Additional charge). The said private complaint is filed by the respondent herein seeking the prosecution of the revision petitioner for the alleged commission of offences under Sec. 138 r/w 142 of the Negotiable Instruments Act.

(2.) The revision petitioner herein filed Cr.M.P. No. 1272 of 2014, under Sec. 45 of the Indian Evidence Act, to compare her signature found in the impugned cheque drawn on City Union Bank, Thoothukudi with that of the signature found in the specimen signature in her account bearing No.11041820006566, HDFC Bank, Thoothukudi branch. The said petition, after contest, came to be dismissed on 15.09.2014. Aggrieved by the same, she has filed the present Criminal Revision Case.

(3.) Mr. B.N. Raja Mohamed, learned Counsel appearing for the petitioner would submit that according to the respondent/private complainant, the said cheque was issued towards the discharge of her debt of Rs. 3,00,000.00, borrowed from him and it was drawn on City Union Bank, Thoothukudi branch and immediately after dishonour, a statutory notice dated 16.03.2013 was issued and it was also acknowledged on 18.03.2013, for which her reply notice dated 22.03.2013 was also issued, wherein she took a specific stand that she did not borrow any amount and also she has not signed in the impugned cheque and further that the signature found in the impugned cheque might have been forged by the private complainant. It is the further submission of the learned Counsel appearing for the petitioner that in the light of her stand taken in her reply notice dated 22.03.2013, which came to be known at the earliest point of time, the trial Court ought to have allowed the petition and forwarded the cheque for comparison and got the opinion of the Handwriting expert and since it has been failed to do so, prays for interference.