NIRMALA Vs. S. RAVI

JUDGEMENT

(1.) Challenging the order passed in C.R.P.No.40 of 2014 dated 15.04.2015 by confirming the order passed in Cri.M.P.No.568 of 2012 in C.C.No.449 of 2011 dated 06.03.2012 by dismissing the petitioner's application under Sec. 45 of the Evidence Act, the present Criminal Original Petition has been filed.

(2.) Learned counsel for the petitioner submitted that the petitioner is an accused in C.C.No.449 of 2011. The respondent has filed a complaint under Section 138 of Negotiable Instrument Act stating that the petitioner borrowed the amount from the respondent and for discharging the same, she issued a cheque and when it was presented for encashment, that has been returned as "insufficient funds". After issuance of statutory notice, the present complaint has been given. When the matter was posted for defence witness after 313 Crimial P.C. questioning, the petitioner filed an application under Sec. 45 of the Evidence Act stating that the cheque may be sent for Forensic Department for obtaining handwriting expert opinion. That application was dismissed. Against which, she preferred a revision in C.R.P.No.40 of 2014, which was also dismissed. He would further submit that the cheque has been issued to one Rajasekar in another transaction, the cheque has to be sent to the Forensic Department for obtaining handwriting expert opinion. That factum was not considered by both the Court below. Hence, he pray for an order.

(3.) Resisting the same, the learned counsel for the respondent would submit that the signature in the cheque has not been disputed and the only dispute is that the cheque has not been given to the respondent/complainant and hence, there is no necessity for sending the document for Forensic Department. That factum has been rightly considered by both the Court below. He further submitted that only with a view to drag on the proceeding, the present petition has been filed. Hence, he pray for dismissal of the petition.