C MANIKANDAN Vs. T ILAMATHI

JUDGEMENT

(1.) Heard Mr.K.Vinayagan, learned counsel appearing for the petitioner and Mr.D.Venkatesh, learned counsel appearing for the respondent.

(2.) This revision case has been filed to set aside the order passed by the learned Fast Track Court (Magisterial Level) in Cr.M.P.No.2029 of 2017 in S.T.C.No.118 of 2016 dated 16.09.2017.

(3.) The complainant is alleged to have lend a loan of Rs.5,00,000/- to the petitioner on 26.07.2013 and the petitioner executed a mortgage deed in Document No.1728/2013 before the Sub Registrar, Karaikudi. On 15.11.2015, the petitioner issued two cheques each for a sum of Rs.2,50,000/- withdrawn from Andra Bank, Karaikudi. It is stated that when the complainant presented the cheque for collection, they were returned as 'insufficient funds' on 01.12.2015. Thereafter, after giving notice, the complainant filed a complaint before the learned Fast Track Court, Karaikudi in S.T.C.No.118/2016, dated 16.09.2017. The defence of the petitioner/accused in the case is that Ex.P.1 is not executed by him. The petitioner filed a petition under Section 45 of the Indian Evidence Act for getting expert opinion and the same was dismissed by the lower Court.