Jayam Traders vs Anbazhagan
2022 Latest Caselaw 10609 Mad

                                                                        Crl.R.C.Nos.738 & 749 of 2022

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                          DATED : 20.06.2022

                                               CORAM :

                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                      Crl.R.C.Nos.738 & 749 of 2022



           Jayam Traders                                    ... Appellant in both case

                                                   Versus
           Anbazhagan                                       .. Respondent in both case



           Prayer in Crl.R.C.No.738 of 2022 : Criminal Revision Petition filed u/s. 397
            read with 401 of Cr.P.C        to set aside the order of the learned Judicial
            Magistrate Additional Mahila Court, Namakkal in Crl.M.P.No.411 of 2022 in
            C.C.No.464 of 2021 dated 17.05.2022 and allow this Criminal Revision case.


           Prayer in Crl.R.C.No.749 of 2022 : Criminal Revision Petition filed u/s. 397
            read with 401 of Cr.P.C        to set aside the order of the learned Judicial
            Magistrate Additional Mahila Court, Namakkal in Crl.M.P.No.415 of 2022 in
            C.C.No.463 of 2021 dated 17.05.2022 and allow this Criminal Revision case.

                                  For Appellant     : Mr. M.Mani Gopi
                                  For Respondent    : No appearance
                                                   *****




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


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                                                                        Crl.R.C.Nos.738 & 749 of 2022



                                              JUDGMENT

These two Criminal Revisions filed by the complainant arising out of the

order of the learned Judicial Magistrate Additional Mahila Court, Namakkal

allowing the applications filed by the respondent/accused to compare the

admitted signature with the voucher marked by the complainant and to compare

the admitted signature and the signature in the cheque.

2. The learned counsel for the revision petitioner contended that, the

respondent/accused has filed these applications only to drag on the proceedings

without even a prima facie case.

3. I have considered the submission made by the learned counsel for the

petitioner and perused the material records of this case.

4. Considering the nature of the offence ie., under Section 138 of the

Negotiable Instruments Act, 1881 and the presumption is there as per section

139 of the Negotiable Instrument Act in favour of the complainant and the

burden is on the accused to rebut the said presumption and the application filed

by the accused cannot be termed as incorrect. However, the apprehension of

the learned counsel for the petitioner that, this being used as a tool to protract https://www.mhc.tn.gov.in/judis

Crl.R.C.Nos.738 & 749 of 2022

the proceedings can be taken care of by giving appropriate direction to expedite

the entire excise.

5. Therefore, I am of the view that the order of the trial Court is

sustainable. This revision is ordered as follows:

(i) The orders of the learned Judicial Magistrate Additional Mahila

Court, Namakkal in Crl.M.P.No.415 of 2022 in C.C.No.463 of 2021 and

Crl.M.P.No.411 of 2022 in C.C.No.464 of 2021 dated 17.05.2022 are upheld.

(ii) However, there will be a direction to the learned Advocate

Commissioner and to the concerned Deputy Directors or the concerned person

incharge of the Forensic laboratory to expedite the process to complete the

exercise in any event not later than a period of two months from the date of

receipt of a copy of this order.

20.06.2022

Index : yes/no Speaking order/Non-speaking order sma

To

1. Judicial Magistrate Additional Mahila Court, Namakkal.

2. The Public Prosecutor, Madras High Court.

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

Crl.R.C.Nos.738 & 749 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.Nos.738 & 749 of 2022

20.06.2022

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