K M KRISHNAN ALIAS PONNUVEL Vs. R SUBBARAYAN

JUDGEMENT

(1.) CRIMINAL Revision Case against the order dated 09.11.2005 made in Crl.M.P No,9177 of 2005 in C.C. NO.731 of 2003 on the file of JM-1, Erode.) The petitioner herein is an accused for the offence punishable under Section 138 of the Negotiable Instruments Act with reference to the proceedings in C.C. No,731 of 2003 pending before Judicial Magistrate No.1, Erode. At the stage of examination by defence, a petition in Crl.M.P. No,9177 of 2005 came to be filed by the petitioner/accused stating that the cheque in question was not signed by him and that the signature contained therein is not that of his and therefore, the cheque must be sent for receiving opinion from the handwriting expert. After hearing both the parties, by the order impugned, the trial court turned down the request of the petitioner and aggrieved thereby, the present Revision Case has been filed.

(2.) LEARNED counsel for the petitioner submits that even in the reply notice, such a defence has been taken and that if the plea for sending the cheque to receive opinion from the handwriting expert is denied, great hardship would be caused to the petitioner.