A. CHIDAMBARAM Vs. S. RAJAGOPAL

JUDGEMENT

(1.) The petitioner has come forward with these petitions seeking to set aside the order passed in Crl. M.P. Nos. 3634 and 3632 of 2015 respectively, in C.C. No. 9262 of 2007 by the learned Judicial Metropolitan Magistrate, IV Fast Track, George Town dated 10.08.2015, wherein, the petitions filed under Sec. 91 of Cr.P.C. and under Sec. 45 of the Indian Evidence Act respectively, came to be dismissed.

(2.) Heard both sides.

(3.) The petitioner who is the accused in C.C. No. 9262 of 2007 facing criminal case under Sec. 138 of the Negotiable Instruments Act has come forward with these petitions stating that the issuance of cheque is admitted, it has been subsequently filled up and to ascertain the age of the ink, the document has to be sent for forensic department. Hence, he filed petition under Sec. 45 of the Indian Evidence Act, which was dismissed. To prove that the cheque has been issued only as a security and it was filled up subsequently, it is necessary to send the document for Forensic Department to ascertain the age of the ink. But the said factum was not considered by the Trial Court.