S. KAMALARASI Vs. M. GUNASEKARAN

JUDGEMENT

(1.) For the sake of convenience, the petitioner and the respondent herein are referred to as "the accused" and "the complainant" respectively in this order.

(2.) The complainant initiated prosecution in S.T.C. No. 586 of 2012, under section 138 of the Negotiable Instruments Act, against the accused and the same is pending on the file of the learned Judicial Magistrate, Fast Track Court, at Magisterial Level, Karur. The accused filed a petition in C.M.P. No. 3111 of 2013 in S.T.C. No. 586 of 2012 seeking for sending her admitted signature found in the Account Opening Form relating to her Savings Account in Indian Bank, Manapparai Branch, to have it compared with the disputed signature found in the alleged cheque to the Handwriting Expert for opinion. The said petition was allowed by the Trial Court by order dated 10.12.2013. Thereafter, the accused did not take any steps to have the order implemented.

(3.) While so, the accused filed another petition in C.M.P. No. 9525 of 2016 in S.T.C. No. 586 of 2012 to send the registered original power cancellation deed dated 05.02.2008, said to have been executed by her for comparison with the disputed signature found in the cheque to the Handwriting Expert for opinion. The said petition has been dismissed by the Trial Court, by the impugned order dated 04.04.2017. Challenging the same, the accused has filed the present revision.