Smt.V.Hymavathi, v. M.Mahender Reddy

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.471 of 2017 ORDER :

Impugning the dismissal order dated 30.01.2017 in Crl.M.P.No.2740 of 2016 in C.C.No.200 of 2015, to send Ex.P1-Cheque with the so called admitted signature of the petitioner/ accused to handwriting expert in disputing the signature is not that of her, since ended in dismissal, this revision is filed.

Heard the learned counsel for the revision petitioner and also the learned counsel for the de facto complainant/ 1st respondent and perused the impugned order and also the evidence of P.W.1 on record.

Though it is not stated in specific words in the impugned order of the lower Court, it is clear from perusal of P.W.1 cross examination of there is no suggestion of the signature is not that of the accused, even the suggestions went on saying in the cross examination dated 29.04.2016 that her blank signed unfilled cheque obtained earlier as security was misused by the complainant, thereby, also admits the signature. Once such is the case, the question of sending Ex.P1Cheque signature to handwriting expert sought for does

not arise, leave about the dismissal order mentioning some untenable grounds.

Having regard to the above, the Criminal Revision Case is dismissed. Needless to say, this order will not come in the way to any of the defence of the accused.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:06-04-2017 pab