K KANNAN KRISHNASAMY Vs. ROHINI METALS

JUDGEMENT

(1.) Even though this petition is listed for vacating the interim stay, by consent of both the learned counsel for the petitioner and the respondent, the main Criminal Revision Petition itself is taken up for final hearing and disposal.

(2.) Challenging the order dated 3.8.2009 of the Judicial Magistrate-No. II, Virudhunagar in Crl. M.F. No. 2919 of 2009 in S.T.C. No. 2475 of & 2009, dismissing the petition to send the cheque for expert opinion, the revision petitioner has preferred this Criminal Revision Petition.

(3.) The revision petitioner herein is the second accused and the respondent herein is the Complainant in S.T.C.No. 2475 of 2009. According to the respondent/complainant, the revision petitioner/accused has issued Cheque Nos. 590364 dated 19.9.2007, 590365 dated 20.9.2007 and 590366 dated 21.9.2007 for the debt due to him and when the cheques were presented for collection, it were dishonored. Then, he issued a notice dated 26.11.2007 that the revision petitioner is liable to pay the amount, for which, the revision petitioner herein sent a reply on 29.11.2007, disputing the claim of the complainant and he asserted that the cheques were forged one. Thereafter, the complainant instituted a complaint under Section 13a of the Negotiable Instruments Act, against the revision petitioner herein.