MUNIRAJ Vs. VELU

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 18.10.2006 passed by the Judicial Magistrate No.III, Vellore, 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: (a) The respondent herein filed the complaint in C.C.No.3 of 2002 as against the revision petitioner herein for the offence under Section 138 of the Negotiable Instruments Act. After entering appearance in the said case, the revision petitioner herein/accused pleaded not guilty. Whereupon trial commenced and the prosecution closed their side.(b) When the matter was posted for defence side, the revision petitioner/accused filed Crl.M.P.No.3047 of 2006 praying the Court to send the impugned cheque to the hand writing expert to obtain the opinion of the expert relating to the genuineness of the purported signature of the accused. However, the Magistrate dismissed the application.

(3.) THE point for consideration is as to whether there is any perversity or non-application of law in disposing of the criminal M.P.