R.Rajendran v. P.Naveenraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.14424 of 2022 & Crl.M.P.No.7915 of 2022 R.Rajendran, ... Petitioner/Accused Vs.

P.Naveenraj, ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order dated 03.06.2022 made in C.M.P No.625 of 2022 in C.C.No.530 of 2020 on the file of the Learned Judicial Magistrate No.1, Namakkal.

For Petitioner :

Mr.N.Manoharan

O R D E R

This Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order dated 03.06.2022 made in C.M.P No.625 of 2022 in C.C.No.530 of 2020 on the file of the Learned Judicial Magistrate No.1, Namakkal.

2.This petition is filed challenging an order of dismissal of the petition filed in C.M.P.No.625 of 2022 under Section 91 Cr.P.C. to send for his bank account opening form relating to his Saving Bank Account No.776202010001822 from the Union Bank of India, Sendamangalam Branch for the purpose of sending it to the forensic lab to get an expert opinion.

3.It is the contention of the learned counsel for the petitioner that the respondent has forged the signature of the petitioner by committing an act of impersonation and filed the above complaint by forging the documents.

4.The petitioner has not disclosed his defence how the subject cheque has come into the possession of the respondent for opening of the bank account.

https://hcservices.ecourts.gov.in/hcservices/

5.In such view of the matter, the learned counsel for the petitioner is hereby directed to disclose his defence before the trial Court and thereafter if any need arises, liberty is granted to the petitioner to file a petition u/s.91 of Cr.P.C. to produce the documents. The trial Court on such petition being filed, shall decide the matter on its own merits in accordance with law.

6.Subject to the above, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kas To.

1. The Judicial Magistrate No.1 Namakkal.

2. Do-Through, The Chief Judicial Magistrate, Namakkal.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.38930 Crl.O.P.No.14424 of 2022 & Crl.M.P.No.7915 of 2022 SSI(CO) UMA(07/07/2022) https://hcservices.ecourts.gov.in/hcservices/