KASTHURI Vs. SEBASTHIAR

JUDGEMENT

(1.) This petition is filed to set aside the order passed by the II Additional District Judge, Tiruchirapalli in Crl.R.C. No. 44 of 2014, dated 17.02.2016.

(2.) The petitioner is the respondent in STC No. 118 of 2012. The respondent in this petition filed a complaint under section 138 of Negotiable Instruments Act which is pending before the learned Judicial Magistrate No. II, Tiruchirapalli in STC No. 118 of 2012. The petitioner had earlier filed a Crl.O.P.(MD) No. 5185 of 2012 to quash the complaint stating that the petitioner has not received any amount from the complainant who according to him is a stranger and further disputed her signature found in the cheque in question. The said Criminal Original Petition was dismissed. However, the petitioner was given liberty to take appropriate steps so as to prove that the signature found in the cheque in question is not her signature.

(3.) It was thereafter the petitioner filed a petition in Cr.M.P. No. 2787 of 2014 for getting expert opinion under Sec. 45 and 73 of Evidence Act to send Ex.P2 - cheque regarding the signature and further to analyse the signature in Ex.P2. The said petition was also dismissed by the trial Court by an order dated 12.05.2014 stating that the petitioner ought to have sought expert opinion for both Ex.P1 and P2 and not P2 alone. Therefore, liberty was also given to the petitioner to file a fresh petition for the same relief in appropriate manner. Thereafter, the petitioner filed Cr.M.P. No. 7690 of 2014 for appointment of an Advocate Commissioner to take the original cheque bearing No. 002201 drawn on Lakshmi Vilas bank, Uthamarkovil, Tiruchirapalli, dated 10.01.2012 along with promissory note alleged to have been executed by the petitioner on 02.09.2011 and with the admitted signature of the petitioner and to place the same before the hand writing expert for examination and for comparison and to submit a report obtained from the hand writing expert before the trial Court.