KALYANARAMAN Vs. K.S. JANAKIRAMAN

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Cr.P.C., to set aside the order, dated 15.6.2009, passed by the learned Principal District Judge, Madurai, in an unnumbered revision against the order in Cri.M.P.No.3702 of 2005 in S.T.C.No.72 of 2005, on the file of the learned Judicial Magistrate No.VI, Madurai, dated 24.10.2008.

(2.) THE petitioner is the accused in S.T.C.No.72 of 2005 in a private complaint filed by the respondent under Section 138 of the Negotiable Instruments Act. The said case was taken on file and it is pending. The allegation as against the petitioner is that the petitioner had given a cheque for a sum of Rs. 1,00,000/ -, which has bounced and therefore, a complaint was given under Section 138 of the Negotiable Instruments Act. Pending trial, the petitioner had filed Cri.M.P.No.3702 of 2005, under Section 45 of the Indian Evidence Act, to forward the disputed cheque for examination by an handwriting expert. The allegation of the petitioner is that he had given a blank cheque to the complainant as security for a loan obtained by one Rangasamy. According to the petitioner, the said Rangasamy, had repaid the amount but the complainant had not returned the blank cheque given by the petitioner for security. He further submitted that as cheque was filled up by the complainant, it has to be subjected for the opinion of handwriting expert.

(3.) THE Cri.M.P.No.3702 of 2005 was contested and the learned Magistrate has dismissed the petition as it is only a delaying tactics to protract the proceedings. Against that order, the petitioner had preferred a revision and the learned Principal Sessions Judge, even before taking up the matter as a revision, had discussed the maintainability of the petition and has dismissed as the revision will not lie. Against which, the petitioner has come forward before this Court, to set aside the order of the learned Principal Sessions Judge in an unnumbered revision.