D RANGARAJAN Vs. A ABDUL RAHIM

JUDGEMENT

(1.) THIS criminal revision petition has been filed by the petitioner challenging the order of dismissal dated 27. 04. 2009 made in Crl. M. P. No. 2657 of 2008 in c. C. No. 2548 of 2007 on the file of the learned II Metropolitan Magistrate, egmore, Chennai.

(2.) HEARD the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.

(3.) IT is not in dispute that the respondent herein had filed a complaint against the petitioner herein under Sections 138 r/w 142 of the Negotiable instruments Act as amended read with Sections 200 and 357 of the code of the criminal procedure. This case was taken on the file of the Court below and after examination of prosecution witnesses, the same was posted for questioning the accused under Section 313 Cr. P. C. At that stage, the petitioner/accused has come forward with a petition under Section 45 of the Indian Evidence Act with a prayer to send the disputed cheques i. e. Ex. P. 1 and Ex. P. 2 to the Hand Writing expert, Forensic Lab, Chennai-4 in order to prove that the signature was forged. The same was dismissed by the Court below. Aggrieved by which, this revision has been preferred by the petitioner/accused.