INNOVATIVE ENTERPRISES REP BY ITS PARTNER Vs. STEEL AND TUBES SYNDICATE REP BY ITS PARTNER AYYAPPEN, AYYAPPAN

JUDGEMENT

(1.) The appeal is directed against the order of remand passed by the learned V Additional Sessions Judge in the appeal preferred by the accused, aggrieved by the conviction and sentence imposed on him by the Trial Court under Section 138 of the Negotiable Instruments Act.

(2.) The Court heard the submissions made on either side.

(3.) The learned Counsel appearing for the appellant/complainant would seriously contend that the V Additional Sessions Judge who had earlier rejected the plea to send the very same cheque for comparison by a handwriting expert in the revision preferred by the accused chose to observe in the appeal preferred after the case in C.C. No. 3788 of 2001 was finally disposed of by the Trial Court that the Trial Court shall give an opportunity for the accused to take steps for the examination of the disputed cheque by a handwriting expert in the Court premises and consequently remanded the case for fresh disposal. Therefore, he would submit that the very same Judge had taken a contradictory decision one in the revision and another in the appeal preferred by the very same accused. Therefore, he would submit that the remand is quite unwarranted and as a consequence, the decision to remand the matter for fresh disposal is liable to be set aside.