R MASILAMANI Vs. MANIVASAGAM

JUDGEMENT

(1.) The petitioner has come forward with these Criminal Revision cases questioning the correctness of the order dated 02.2.2011 passed by the Court below in C.M.P. Nos. 1593 of 2010 and 1594 of 2010 in C.C. No. 16 of 2007.

(2.) The petitioner is the accused in C.C. No. 16 of 2007 instituted by the respondent herein under Section 138 of the Negotiable Instruments Act. According to the respondent, the petitioner/accused borrowed a sum of Rs.95,000/- from him and in order to repay the same, the petitioner/accused had issued a cheque on 27.11.2006 which was dishonoured on its presentation.

(3.) Pending C.C.No.16 of 2007, the petitioner has taken out an application in Crl.M.P. Nos. 1593 and 1594 of 2010 under Section 45 of the Indian Evidence Act seeking direction to the respondent / complainant to produce the book of Accounts/Registers etc., for the period 2004 and 2005 relating to collection of loan and interest on daily basis and also seeking opinion of the Expert on the age of ink relating to the signature of the petitioner / accused stated to have been given unfilled during November 2004. According to the petitioner/accused, he has already repaid the loan amount of Rs.5,000/- on 3% interest obtained during 2004 by paying an amount of Rs.50/- daily for 100 days. Further, according to him, in order gain wrongfully, the details in cheque were filled later on by the complainant i.e., after the loan has been repaid by the petitioner/accused and, therefore, the age of the ink, by which the signature was made in the cheque in question, has to be ascertained by sending the cheque to forensic experts.