N AYYASAMY Vs. S K CHINNASAMY

JUDGEMENT

(1.) THE petitioner is facing trial for the offences under Section 138 of Negotiable Instruments Act in C.C.No.406 of 2006 on the file of the learned Judicial Magistrate No.11, Erode. During the course of the examination of P.W.1, the complainant, the Accused/petitioner herein filed Crl.M.P. No.6350 of 2007 under Section 45 of Indian Evidence Act to send the cheque in question alongwith admitted signature of the accused to the expert for comparison and opinion regarding the genuineness of the signature found in the cheque. THE case was taken on file on 22.08.2006 and pending for defence from 22.12.2006 till 23.10.2007 and the accused took time stating that he is going to settle the matter but he did not settle the matter and sought for further time which was opposed by the complainant and at that stage the present Petition has been filed. It is contended by the complainant that the accused has not taken such a plea in his reply notice. In the reply notice, the accused had admitted that there was money transaction between the complainant and accused and the cheque was given as a security.

(2.) LEARNED Magistrate, on a careful consideration of the materials available on record, rejected the said Petition. Being aggrieved by that, the accused has filed the present Revision Petition.

(3.) I have carefully considered the said submissions made by the learned counsel for the petitioner.