Ganesan vs P. Narayanasamy

T.S. Sivagnanam, J.—This revision filed under Sections 397 and 401 of Criminal Procedure Code is directed against the order dated 21.02.2014 made in CMP. No. 663 of 2014 in STC. No. 2951/2011 on the file of the learned Judicial Magistrate, Kangayam.

The petitioners are the accused in the said case, which has been taken on file, based on a complaint dated 14.09.2011 of the respondent under Section 138 of the Negotiable Instruments Act. After the completion of the trial and arguments of both parties, the 1st petitioner filed a petition under Section 45 of the Indian Evidence Act, praying for a direction to send the alleged cheque for expert opinion before the Director of Forensic Science Laboratory, Government of Tamil Nadu. This petition was entertained as C.M.P. No. 663 of 2014 and the respondent/complainant, resisted the said petition by filing a counter inter-alia contending that after the arguments was over, this petition has been filed and it is only for the purpose of dragging on the proceedings and further more, though the petitioner/accused while presenting the earlier petition on 01.12.2012, had narrated a different story and the averments made in the present petition is totally contradictory. The earlier petition filed was returned to be re-presented and without re-presenting the said petition, the present petition has been filed stating certain other reasons which are contradictory and hence all these grounds, the petition is liable to be dismissed.

The Court below, after hearing both sides, pointed out that the entire trial has been completed, arguments of both sides are over and the Judgment was reserved and at this stage, the present petition has been filed and it is clearly a case where the petitioner wants to drag on the proceedings, that too, the petitioner filed this petition after a period of three years. Further more, the Court below while dismissing the petition, took into consideration the deposition of P.W. 1 in cross examination, from which, it is seen that P.W. 1 has admitted his signature in the Cheque but only the handing over of the cheque of P.W. 1 was denied.

In such circumstances, the order of the Court below dismissing the petition is perfectly valid and no interference is called for. Hence, this Criminal Revision Case is dismissed. Connected miscellaneous petition is also dismissed.