R THIRUNAVUKARASU Vs. S VIMALADEVI

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to as the complainant and the accused.

(2.) The complainant initiated a prosecution in C.C.No.478 of 2008 under Section 138 of the Negotiable Instruments Act, 1881, before the learned Judicial Magistrate No.I, Karur, against the accused in respect of the cheque No.920357, dated 18.10.2007, drawn on ICICI Bank Limited, Kodumudi Branch.

(3.) On a perusal of the impugned cheque, it is seen that the writings in the cheque are in Tamil, but, the signature of the accused is in English. The accused took a stand that she has signed the said cheque, but, she has not filled the writings in the said cheque. The accused filed a petition in C.M.P.No. 5699 of 2012 in S.T.C.No.1015 of 2011 [old C.C.No.478 of 2008] for sending the impugned cheque to the Hand-Writing Expert for comparison of the handwritings in the cheque with that of the accused.