S. Ulaganathan v. K. Lakshmanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.99 of 2016 and Crl.M.P.No.689 of 2016 S.Ulaganathan S/o.Sengottaiyan ... Petitioner/Accused vs K.Lakshmanan Managing Partner Sri Balaji Finance Corporation Door No.O-E/2, Vellore Road, Valarai Gate, Tiruchengode Town Namakkal District.

... Respondent/Complainant Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, against the order of learned Judicial Magistrate, Fast Track Court, Tiruchengode, passed in C.M.P.No.4044 of 2015 in S.T.C.No.100 of 2014 dated 15.12.2015. For Petitioner : Mr.C.S.Saravanan

O R D E R

This revision arises against the order of learned Judicial Magistrate, Fast Track Court, Tiruchengode, passed in C.M.P.No.4044 of 2015 in S.T.C.No.100 of 2014 dated 15.12.2015, dismissing a petition filed u/s.45 of the Indian Evidence Act.

2. Petitioner faces trial in S.T.C.No.100 of 2014 on the file of learned Judicial Magistrate, Fast Track Court, Tiruchengode. Pending such case, petitioner filed C.M.P.No.4044 of 2015 seeking expert opinion on documents towards comparison of the admitted signatures of the petitioner found in the cheque, pronote and partnership deed with the disputed signatures of petitioner found in the loan application (P1) and receipt (P14). By the order under challenge, Court below dismissed such petition. Hence, this revision.

3. Heard learned counsel for petitioner.

4. In dismissing the petition, the Court below has found that the petitioner did not raise any question at the time of https://hcservices.ecourts.gov.in/hcservices/

initial questioning and he has filed the petition only at the fag end of the proceedings. The Court below has further found that there was no explanation why the petitioner has not filed any petition till the conclusion of proceedings and the present petition has been filed only to protract the proceedings. This Court finds no error in the order under challenge. This Criminal Revision case shall stand dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To The Judicial Magistrate, Fast Track Court, Tiruchengode.

Crl.R.C.No.99 of 2016 skv(CO) srg(23/02/2016) https://hcservices.ecourts.gov.in/hcservices/