Pushpalatha v. M/S. Paceman Finance India Private Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1752 of 2024 and Crl.M.P.No.14386 of 2024 Pushpalatha .....

Petitioner Vs M/s.Paceman Finance India Private Ltd., Crescent Court, Suit No.21, 3rd Floor, No.963, Poonamallee High Road, Chennai - 600 084.

Rep. by its Authorized Signatory/Director D.Rahulkumar .....

Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 12.09.2024 passed in Crl.M.P.No.7446 of 2024 in C.C.No.700 of 2021 by the learned Metropolitan Magistrate-III, George Town, Chennai - 600 001. For Petitioner : Mr.K.Chandrasekaran For Respondent : Mr.E.Senthil Kumar

ORDER

This Criminal Revision Case has been filed challenging the order dated 12.09.2024 passed in Crl.M.P.No.7446 of 2024 in C.C.No.700 of 2021 by

the Metropolitan Magistrate No.III, George Town, Chennai, thereby dismissing the petition filed under Section 277(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. Pending trial, the petitioner filed a petition seeking permission to examine two defence witnesses in order to compare the signature found in the cheque, which had already been cleared, with the signature found in the cheque involved in the present complaint. Though the petitioner filed an application to examine defence witnesses, he attempted to send the cheque for expert opinion to compare the signature found in the cheque of the year 2020 and the present cheque in the complaint. However, since the cheque of the year 2020, which had already been cleared, may not be available with the bank. In order to obtain expert opinion, there shall be an admitted signature and disputed signature. Therefore, the Trial Court rightly dismissed the petition.

4. In view of the above, this Court finds no infirmity or illegality in the order dated 12.09.2024 passed in Crl.M.P.No.7446 of 2024 by the Metropolitan Magistrate No.III, George Town, Chennai. However, the Trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order.

5. In the result, this Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 29.07.2025 (1⁄2) Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To The Metropolitan Magistrate No.III, George Town, Chennai G.K.ILANTHIRAIYAN. J, Lpp

Crl.R.C.No.1752 of 2024 (1⁄2) 29.07.2025