S GOPAL Vs. D BALACHANDRAN

JUDGEMENT

(1.) THE Revision is directed against the impugned order passed by the learned Judicial Magistrate in C. M. P. No. 2915 of 2007 filed under Section 45 of the Indian Evidence Act to send the disputed cheque for handwriting expert's opinion.

(2.) THE petitioner is an accused in a case under Section 138 of the Negotiable Instruments act on the file of the learned Judicial magistrate-I, Erode. He filed a petition under Section 45 of the Evidence Act to send the disputed cheque for comparison by an expert to determine the age of the ink of the signature found in the disputed cheque marked as Ex. P1 before the Trial Court. It is his contention that the signature found in Ex. P1 has been put in a different ink from that of the other particulars filled in the cheque. It is his further contention that he issued blank cheques and pronotes with his signature therein. But, the same has been filled and misused by the respondent. Therefore, the petitioner has prayed for sending the disputed cheque, Ex. PI to the forensic Laboratory at Hyderabad to determine the age of the ink of the signature of the petitioner. The Trial Court has rejected such a plea on the ground that there is no necessity to send the disputed cheque for expert's opinion as the signature found therein had been categorically admitted by the petitioner.

(3.) THE points that arise for determination are: