NETHAJI Vs. A.S. GANESAN

JUDGEMENT

(1.) THIS Criminal Revision Case is preferred as against the dismissal order dated 09.02.2015 passed by the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi in C.M.P. No. 96 of 2015 in S.T.C. No. 44 of 2014 in dismissing the petition filed by the petitioner to send the documents for expert opinion.

(2.) THE petitioner is the accused in S.T.C. No. 44 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court, Thiruthuraipoondi filed by the respondent herein under Section 138 of the Negotiable Instruments Act. According to the respondent, the petitioner/accused, in order to discharge his legally enforceable debt issued a cheque for a sum of Rs. 5,00,000/ - vide cheque No. 692169 dated 05.08.2014. On presentation, the said cheque was dishonoured for the reason 'funds insufficient'. Hence, a statutory notice dated 06.08.2014 was issued, which was received by the petitioner/accused on 07.08.2014. Since there was no response, the complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent.

(3.) I have heard both sides and perused the records. The petitioner seeks to ascertain the age of the ink by seeking to send the documents, viz., acknowledgement card and the summons served in the case to the handwriting expert, which are not contemporary and admitted signatures as the same is subsequent to the issuance of the cheque.