M. Veni v. P. Senthamilselvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.(MD)No.557 of 2018 M.Veni ... Revision Petitioner Vs.

P.Senthamilselvi ... Respondent PRAYER: Petition filed under Section 397 and 401 of Criminal Procedure Code, to call for the records in Crl.M.P.No.3245 of 2017 in C.C.No.528 of 2017 dated 17.07.2018 on the file of the Fast Track Court (Magisterial Level), Karur and set aside the same and allow the revision petition.

For petitioner : Mr.P.Muthusamy

ORDER

The revision petitioner is an accused in C.C.No.528 of 2017 under Section 138, 142 of Negotiable Instrument Act. He has taken out an application to send for the signature disputed in the cheque, to be compared with her signature in the reply notice and also to compare the ink.

2.The trial Court has considered the plea and dismissed the application on the ground that there is no possibility to compare the colour of the ink and arrived at a conclusion. Further, the disputed signature in the cheque, sought to be compared with the signature in the reply notice, which is not an admitted signature, but a self serving signature found in the reply notice of the accused cannot be compared to ascertain the genuineness of the signature found in the cheque.

3.Since, the reasoning given by the trial Court is perfectly correct and legal, this Court has no hesitation to dismiss this Criminal Revision Case.

4.Accordingly, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-I)

To:

The Judicial Magistrate, Fast Track Court (Magisterial Level), Karur.

Copy To:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) Crl.R.C.(MD)No.557 of 2018 01.10.2018 PNN ES/SKN/RSK/SAR 1/08.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/