SAMSUDEEN Vs. P R JAYANTHI

JUDGEMENT

(1.) This Criminal Revision case has been filed against the order passed by the learned Metropolitan Magistrate Fast Track Court-II, Egmore at Allikulam, Chennai-3 in Crl. M.P. No.1353 of 2017 in C.C.No.1700 of 2015 dated 27.07.2017.

(2.) The case of the petitioner is that, before the trial court, where the proceedings under Section 138 of Negotiable Instrument Act was going on, the petitioner had filed a petition under Sections 311, 311-A of Cr.P.C read with Section 45 of the Indian Evidence Act, with a prayer to send the disputed cheques, i.e. Exhibits P-1 and P-2, to the Forensic Sciences Department to ascertain the age of the ink, which has been used by the accused to put his signature in those cheques.

(3.) After hearing both parties, the learned Magistrate by the impugned order dated 27.07.2017, has rejected the plea of the petitioner, on the ground that, since there is no mechanism available to ascertain the age of the ink, the plea made by the petitioner to send the exhibits P-1 and P-2, to the Forensic Science Department to verify the age of the ink, cannot be considered and granted.