UTHIRAPATHY Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) This petition has been filed against the order passed by the learned Judicial Magistrate No.1, Jeyankondam in Crl.M.P.No.2533 of 2019 in STC.No.1644 of 2015, dated 27.09.2019, dismissing the petition filed under Sections 45 & 73 of Cr.PC., seeking for sending the cheque for expert opinion.

(2.) The petitioner is the accused in STC.No.1644 of 2015, pending trial for the offences under section 138 of the Negotiable Instruments Act, the petitioner had filed Crl.M.P.No.2533 of 2019 under Sections 43 & 73 of Cr.PC. In the petition, it has been sated that the complainant and the Manager of the Indian Bank were examined as witnesses. It had been further averred that the revision petitioner/accused does not know the report/complaint and that there was no financial transaction between them. Further, it had been contended that the complainant had deposed in his cross examination that, the cheque bearing No.929725 had been filled up by the revision petitioner/accused himself wherever the revision petitioner/accused does not know to read and write and he can only sign and that the entries in the cheque were not made by him and thereby, contended that the cheque had to be sent to the expert to compare the signature and to find out the age of the ink.

(3.) The respondent/complainant had filed a counter denying the allegations. In the counter, it had been stated that the petition had been filed to protract the proceedings and that the complaint had been filed during the year 2015 and that the examination in chief had been completed in the year 2016 and after two years of examining the witnesses, the petition had been filed by the petitioner only to delay and protract the trial. Further it had also been contended that earlier the revision petitioner had filed petition for quashing in Crl.O.P.No.27537 of 2016 and this Court by order dated 23.07.2019, had dismissed the same, with a direction to complete the trial within a period of three months from the date of receipt of a copy of the said order.