L SELVA Vs. ASOKAN

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 9-10-2006 passed by the Principal Sessions Judge, Vellore, in C. A. No. 25 of 2006, modifying the order dated 8-2-2006 passed by the Judicial Magistrate IV, Vellore, in C. C. No. 264 of 2005, this criminal revision case is focussed.

(2.) A resume of facts, which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:

(3.) CHALLENGING and impugning the judgments of both the Courts below, this revision case is focussed on various grounds, the gist and kernal of them would run thus: the Courts below erred in considering the defence in the proper perspective and simply held as against the accused. They failed to see that the complainant in his letter-Ex. D5 dated 5-2-2004, assured that he would not present the cheque, but would return it back after getting his problem solved. As such, without considering the documents relied on by the defence and also the probabilities of the defence, the matter was disposed of by both the Courts below. The lower Court also failed to consider that the complainant falsely denied his signature in Ex. D5 and the assistance of hand writing expert was not taken to verify the genuineness of that signature. The Court also could have verified it, but it had not done so. The accused sent a reply to the complainant's notice as revealed by Ex. D3, despite that the complainant misused the cheque.