KALAIVANI Vs. S.VIJAYANAND

JUDGEMENT

(1.) This Criminal Revision Case has been filed seeking to set aside the order passed by the learned Judicial Magistrate No.I, Gobichettipalayam in Crl.M.P.No.4028 of 2017 in S.T.C.No.442 of 2015, dated 16.08.2017, dismissing the petition, filed under Section 45 of the Indian Evidence Act, to send the pro-note dated 20.10.2013 and the alleged cheque dated 26.11.2014 bearing No.000031 of the Gobichettipalayam Co-operative Urban Bank to compare with the signatures and the finger print in both documents with that of the petitioner.

(2.) The petitioner is the accused in S.T.C.No.442 of 2015, pending trial for the offences under Sections 138 of the Negotiable Instruments Act. During the course of trial, the respondent/complainant had marked the pro- note, containing the left thumb impression and the signature of the petitioner/accused as Ex.P1 and the Cheque dated 26.11.2014, as Ex.P2. The petitioner/accused contending that the cheque and the pro-note have been taken from her without her signature and thumb impression and that the left thumb impression and the signature found in both the documents were not her's, had filed the petition to send the documents for obtaining the opinion from the expert.

(3.) The respondent had filed a counter, contending that the petitioner had filed the petition only to protract the trial and that the petition had been filed after 2 1/2 years, after commencement of trial. The Trial Court finding that no specific reply had been given by the petitioner/accused at the time of questioning under Section 313 Cr.P.C that the signatures and the thumb impression found in the above documents were not her's, held that the petition had been filed only to delay the proceedings and had dismissed the same. As against the same, the present revision has been filed.