K.P.Natarajan v. P.Sakthivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.4542 of 2025 K.P.Natarajan ... Petitioner Vs.

P.Sakthivel ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records related to the order dated 04.11.2024 made in Crl.M.P.No.663 of 2024 in C.C.No.124 of 2019 by the learned Judicial Magistrate (Fast Track Court at Magistrate Level), Karur and set aside the same.

For Petitioner : Mr.T..Veldurai

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.663 of 2024 in C.C.No.124 of 2019 dated 04.11.2024 on the file of the Judicial Magistrate (Fast Track Court at Magisterial Level), 1/4

Karur, dismissing the application filed under Section 45 and 67 of the Indian Evidence Act.

2. The respondent has filed a complaint under Section 138 of Negotiable Instruments Act against the petitioner and when the case was pending for defence side evidence, the above application came to be filed by the petitioner seeking orders to send the cheque to the Forensic Laboratory to ascertain whether the handwriting on the impugned cheque is that of the petitioner and to test whether the signature and contents written in the impugned cheque are done on the same day. The respondent has filed his counter statement raising objections. The learned Magistrate, after enquiry, has passed the impugned order dated 04.11.2024 by holding that the inks of the instrument used for writing cannot be compared with precision and as such, the question of sending the documents at this stage does not arise, dismissed the application.

3. As rightly observed by the learned Magistrate, the above application came to be filed only to drag on the proceedings. It is pertinent to note that the complaint came to be registered in 2019 and the 2/4

present application was filed in 2024 and more particularly, when the case was pending for defence side evidence. Admittedly, the petitioner has not canvassed any reason for not applying earlier.

4. Considering the above, the impugned order dismissing the application cannot be found fault with. Consequently, this Court concludes that the revision is devoid of merits and the same is liable to be dismissed.

5. In the result, this Criminal Revision Case stands dismissed. Since the case is pending from 2019, the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Karur, is directed to complete the trial in C.C.No.124 of 2019 and dispose of the same within a period of two months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. 04.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Judicial Magistrate (Fast Track Court at Magisterial Level), Karur. Order made in and Crl.M.P.(MD)No.4542 of 2025 Dated: 04.04.2025 4/4