Waheeda v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Crl.MC.No. 4878 of 2015 () --------------------------- C.M.P.NO.225/2015 IN S.T.NO.15/2015 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, NADAPURAM PETITIONER/ACCUSED:
------------------- WAHEEDA T.K., AGED 45 YEARS, W/O MAJEED, KOYITTIKANDIYIL HOUSE, KAKKATTIL P.O. KOZHIKODE.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN RESPONDENTS/COMPLAINANT AND STATE:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSESUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2. SREE GOKULAM CHIT AND FINANCE CO.LTD., CHENNAI, REPRESENTED BY POWER OF ATTORNEY HOLDER, C.V.SIVADASAN, S/O P.V. GOVINDAN NAMBIAR, MUKKATTUKUNIYIL HOUSE, ERAMALA AMSOM, ORKATTERY, KOZHIKODE DISTRICT, PIN:673501.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 BY ADV. SRI.MAHESH V RAMAKRISHNAN, SC, SREE GOKULAM CHIT AND FINANCE CO.LTD.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4878 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES :
----------------------- ANNEXURE I: COPY OF THE REPLY NOTICE SENT BY THE PETITIONER TO THE 2ND RESPONDENT/COMPLAINANT DATED 27.11.2013. ANNEXURE II: COPY OF THE CHIEF AFFIDAVIT AND DEPOSITION OF PW1 IN S.T.NO.15/2015 DATED 29.4.2015.
ANNEXURE III: COPY OF THE PETITION IN C.M.P.225/2015 IN S.T.15/15 DATED 23.6.2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE-II COURT, NADAPURAM.
ANNEXURE IV: COPY OF THE ORDER IN CMP 225/2015 IN ST 15/15 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE-II COURT, NADAPURAM DATED 2.7.2015.
RESPONDENTS' ANNEXURES :
------------------------ NIL // True Copy // P.A. To Judge DSV/19/9/15
B.KEMAL PASHA, J.
=================== CRL.M.C. No.4878 of 2015 ==================== Dated this the 18th day of September, 2015
O R D E R
It seems that in a case relating to the offence under Section 138 of the Negotiable Instruments Act, the petitioner, who is the accused herein, has denied the signature in the cheque. She filed C.M.P.No.225 of 2015 before the court below for getting the signature in the cheque examined by an expert. Through Annexure IV order, the court below has dismissed the said C.M.P., by holding that there is no case for the complainant that the contents of the cheque is in the handwriting of the petitioner.
2. On going through the cross-examination of PW1, it seems that the petitioner has specifically denied her signature in the cheque. It is true that PW1 has denied the said suggestion.
3. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent.
4. On hearing them, I am of the view that the cheque in
CRL.M.C. No.4878 of 2015 question has to be subjected to expert examination for examining the signature. The entire expenses for the same has to be borne by the petitioner. The petitioner shall take steps for the same within one month from today, so that the cheque should be sent for expert examination. In the result, this Crl.M.C. is allowed to the above extent and Annexure IV stands set aside.
Sd/- B. KEMAL PASHA JUDGE DSV/18/9/15 // True Copy // P.A. To Judge