Madras High Court
S.Rajkumar vs M.E.Mohammed Iliyas on 2 March, 2022
Crl.R.C.(MD)No. 430 & 431 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.430 & 431 of 2020
In both cases:
S.Rajkumar ... Petitioner
Vs.
M.E.Mohammed Iliyas ... Respondent
Common Prayer: These Criminal Revision Petitions filed under Section 397
r/w 401 Cr.P.C. to call for the records and set aside the Judgments and decree
orders dated 23.01.2020 in Cr.M.P.No.2091/2019 & Cr.M.P.No.2092/2019 in
STC.No.443/2017 on the file of the Additional District Munsif cum Judicial
Magistrate Court, Vedasandur.
For Petitioner : Mr.H.Lakshmi Shankar
For Respondent : Mr.S.Palanivelayutham
COMMON ORDER
These Criminal Revision Petitions have been filed against the orders
dated 23.01.2020 in Cr.M.P.No.2091/2019 & Cr.M.P.No.2092/2019 in STC.No.
443/2017 on the file of the Additional District Munsif cum Judicial Magistrate
Court, Vedasandur, thereby, dismissing the application filed for to send the
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No. 430 & 431 of 2020
HDFC's bank cheque and the specimen signatures contained in account ledger
book from the HDFC bank & Karur Vysya Bank, for Handwriting Expert's
opinion.
2.The petitioner is the accused. The respondent is the complainant and he
lodged complaint for the offence under Section 138 of Negotiable Instruments
Act, as against the petitioner. While pending trial, the petitioner filed
application for to send the HDFC's bank cheque and the specimen signatures
contained in the account ledger book from the HDFC bank & Karur Vysya
Bank, for Handwriting Expert's opinion, on the ground that after receipt of
statutory notice, as contemplated under Section 138 of Negotiable Instruments
Act, the petitioner gave a reply and categorically stated that the complainant is a
stranger to him and he never issued any cheque in favour of the respondent.
Further the signature found in the cheque is also disputed.
3.The case of the petitioner is that the alleged cheque was already stolen,
when the renovation work of his house was going on. On receipt of the reply,
the respondent had sent a rejoinder to the reply stating that his signature in the
cheque can be easily verified with the account ledger, from which, the cheque
was issued. However, the trial court dismissed the petition only for the reason
that the petitioner's signature is deferred in all the documents, such as vakalat
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Crl.R.C.(MD)No. 430 & 431 of 2020
and other documents, which are available on record.
4.In view of the above, both the impugned orders in Cr.M.P.No.
2091/2019 & Cr.M.P.No.2092/2019, dated 23.01.2020 in STC.No.443/2017,
passed by the learned Additional District Munsif cum Judicial Magistrate,
Vedasandur are set aside and the Criminal Revision Petitions are allowed.
5.The learned Judicial Magistrate is directed to send for the account
ledger book, in pursuant to the account number 185010500000937 of HDFC
bank, Dindigul branch and the account ledger book in pursuant to the account
number 16961550000029345 of Karur Vysya bank, Vedasanthur branch and on
receipt of the same, the learned Magistrate is directed to sent the same along
with the disputed cheque bearing No.099356 dated 25.03.2017, for Handwriting
Expert's opinion. The said process to be completed, within a period of eight
weeks, from the date of receipt of a copy of this order. On receipt of the report
from the Handwriting Expert, the learned Magistrate is directed to complete the
trial, within three months, thereafter.
02.03.2022
Index :Yes/No
Internet:Yes/No
PNM
Note: In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the responsibility
of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No. 430 & 431 of 2020
G.K.ILANTHIRAIYAN,J.
PNM
To
The Additional District Munsif cum
Judicial Magistrate, Vedasandur
COMMON ORDER IN
Crl.R.C.(MD)No. 430 & 431 of 2020
02.03.2022
https://www.mhc.tn.gov.in/judis
