G.Saravanan vs Kaliappan
2022 Latest Caselaw 8974 Mad

                                                                          Crl.R.C.(MD) No.179 of 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 27.04.2022

                                                          CORAM:

                                    THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                 Crl.R.C.(MD)No.179 of 2022
                                                             and
                                                Crl.M.P(MD) No.2774 of 2022


                 G.Saravanan                                                      ... Petitioner

                                                              Vs.

                 Kaliappan                                                        ...Respondent


                 Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal

                 Procedure Code, to call for the records and set aside the order in Crl.M.P.No.1369 of

                 2019 in STC.No.363 of 2016 dated 31.07.2019 on the file of the learned Judicial

                 Magistrate, Bodinayakkanur Theni District.



                                  For Petitioners    : Mr.R.Manickam
                                  For Respondent     : No Appearance




                 1/4

https://www.mhc.tn.gov.in/judis
                                                                               Crl.R.C.(MD) No.179 of 2022


                                                         ORDER

This Criminal Revision has been filed to set aside the order in Crl.M.P.No.1369

of 2019 in STC.No.363 of 2016 dated 31.07.2019 on the file of the Learned Judicial

Magistrate, Bodinayakkanur Theni District.

2. The petitioner is the accused and the respondent is the complainant in the

complaint lodged for the offence under Section 138 of the Negotiable Instrument Act.

After examination of DW.1 on the side of the petitioner herein he filed petition under

Section 45 of Indian Evidence Act to send Ex.P.1 and other admitted contemporary

signature for hand writing expert opinion. On perusal of the record reveals that the

petitioner never denied the signature even in Ex.P.1. Further the application has been

filed at the fag end of the trial only at the time of passing judgment. That apart the

petitioner was examined as Dw.1 and he also admitted his signature in Ex.P.1. Hence

the petition under Section 45 of Indian Evidence Act was filed only to drag on the

proceedings and hence the Court below rightly dismissed the petition filed by the

petitioner and this Court finds no illegality or infirmity in the order passed by the Court

below.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.179 of 2022

3. In the result, the Criminal Revision stands dismissed. Consequently

connected miscellaneous petition is also closed.

                                                                                27.04.2022
                 Index             : Yes/No
                 Internet          : Yes/No
                 aav




                 To

The Judicial Magistrate, Bodinayakkanur Theni District

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.179 of 2022

G.K.ILANTHIRAIYAN.J,

aav

Crl.R.C.(MD)No.179 of 2022 and Crl.M.P(MD) No.2774 of 2022

27.04.2022

https://www.mhc.tn.gov.in/judis