C.Tirumurthy v. The State Of Telangana,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.883 of 2017 ORDER :

Aggrieved by the order dated 15.02.2017 in Crl.MP.No.347 of 2017 in C.C.No.711 of 2015 passed by the XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate, Erramanzil, Hyderabad, in allowing the application of the complainant in a cheque bounce case, to send the disputed signatures alleged by the accused that of the complainant covered by Ex.D9-document dated 24.12.2012 in Tamil version, by taking specimen signatures on the date of passing of the impugned order, without considering so called contemporary relevancy.

Notice even ordered to the 1st respondent/ complainant in the revision, the notice served on the advocate for the 1st respondent in lower Court and there is no representation. Hence taken as heard the complainant there from and perused the impugned order.

The lower Court should have been ascertained from the disputed signatures relate to the document dated 24.12.2012 as to rather obtaining specimen signatures in February, 2017, any other contemporary relevancy signatures of the complainant so to produce either by complainant or accused, without which it is not possible to get an accurate opinion.

Having regard to the above, the lower Court is directed to call for the opinion solicited from the expert and on production of any other documents of contemporary relevancy also to consider any of those with contemporary relevancy and admitted documents of any registered transactions and send along with the disputed signatures and specimen signatures with the signatures of contemporary relevancy and solicit opinion to proceed with the matter.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:10-04-2017 pab