RAJENDRAN Vs. BENSAM ROBINSON

JUDGEMENT

(1.) THIS Criminal Revision case is directed against the order passed by the learned District Munsif -cum - Judicial Magistrate, Eraniel in Crl.M.P. No. 9065 of 2006 in S.T.C. No. 58 of 1999. By the impugned order, the learned Judicial Magistrate, Eraniel has dismissed the application seeking a reference of Ex.D.1 receipt to the Handwriting Expert.

(2.) THE facts leading to the filing of the criminal revision case can be summarised as follows: The respondent herein preferred two private complaints for an offence under Section 138 of the Negotiable Instruments Act based on two dishonoured cheques allegedly issued by the petitioner herein on 30.05.1998 and 25.01.1999 for the sums of Rs. 60,400/ - and Rs. 90,000/ - respectively. The said private complaints have been taken on file by the learned District Munsif -cum - Judicial Magistrate, Eraniel as S.T.C. Nos. 58 and 1509 of 1999 respectively. The respondent herein/complainant in the above said cases is contesting the above said cases, after entering appearance in person and through counsel. The trial in the above said cases is almost over. On the side of the respondent/complainant in the above said case, he himself has been examined as P.W.1. Three witnesses have been examined on the side of the accused (the petitioner in the revision case) including himself. After the examination of three witnesses on the side of the accused (the petitioner in the revision case), the accused seems to have filed the above said petition, viz., Crl.M.P. No. 9065 of 2006 on the file of the trial Court, praying that the document marked as Ex.D.1 on the side of the accused should be referred to a Handwriting Expert to find out, whether the signature found in the said document is that of the complainant or not?. The said petition was resisted by the respondent herein/complainant stating that the filing of the petition was nothing but an attempt to protract the case.

(3.) QUESTIONING the legality and correctness of the above said order dated 06.12.2006 passed by the learned District Munsif -cum - Judicial Magistrate, Eraniel in Crl.M.P. No. 9065 of 2006, the petitioner/ accused has filed this criminal revision case.