Madras High Court
R.Mohamed Rafeek vs N.Prabhakaran on 4 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
CRL.R.C.No.636 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.No.636 of 2025
and Crl.M.P.No.10253 of 2025
R.Mohamed Rafeek ... Petitioner
Vs.
N.Prabhakaran ... Respondent
PRAYER: Criminal Revision case has been filed under Section 438 read with
Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the
records and set aside the order dated 17.04.2025 passed in Crl.M.P.No.2497 of
2025 in C.C.No.948 of 2021 on the file of the Learned III Metropolitan
Magistrate, George Town, Chennai.
For Petitioner : Mr.M.G.Abdul Jaleel
For Respondent : Mr.N.Baskaran
ORDER
This Criminal Revision case has been filed to set aside the order dated
17.04.2025 passed in Crl.M.P.No.2497 of 2025 in C.C.No.948 of 2021 on the
file of the Learned III Metropolitan Magistrate, George Town, Chennai, thereby
dismissing the application filed by the petitioner under Section 45 of the Indian
Evidence Act, to send Ex.D1 for expert opinion by comparing the signature of
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the respondent with admitted signature.
2. Heard both sides and perused the materials available on record.
3. The petitioner is an accused in the complaint lodged by the respondent
for the offence punishable under Section 138 of the Negotiable Instruments Act,
in C.C.No.948 of 2021. During trial, the petitioner was examined as DW.1 and
marked Ex.D1. The respondent had cross examined the petitioner in detail. The
specific case of the respondent is that the said Ex.D1 was not issued by the
respondent and also denied the signature found in Ex.D1. It is a further case of
the respondent that after a period of four years from the date of filing the
complaint, Ex.D1 was produced before the Trial Court. In fact, the petitioner did
not even whisper about Ex.D1 by way of reply notice, on the statutory notice
issued by the respondent to initiate the proceedings under Section 138 of the
Negotiable Instruments Act. In fact, after receipt of the statutory notice, the
petitioner did not even send any reply.
4. If at all, the respondent had received the entire amount for the invoice
which was marked as Ex.P1, definitely the petitioner would have issued reply
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notice for the statutory notice caused by the respondent. That apart, already the
respondent filed a suit for recovery of money under the same invoice which was
marked as Ex.P1 and three other invoices and all the suits were decreed in
favour of the respondent.
5. It is also curious to note that the petitioner did not even whisper about
Ex.D1 in any of the suits filed by the respondent for recovery of money. That
apart, CC is of the year 2021 and when the complaint is posted for Judgment,
the petitioner filed the application under Section 45 of the Indian Evidence Act
seeking expert opinion on Ex.D1.
6. In view of the above, the Trial Court had rightly dismissed the
application filed by the petitioner and this Court finds no infirmity or illegality
in the Judgment passed in Crl.M.P.No.2497 of 2025 in C.C.No.948 of 2021 on
the file of the Learned III Metropolitan Magistrate, George Town, Chennai.
However, the Trial Court is directed to dispose of the complaint, in CC.No.948
of 2021, within a period of four weeks from the date of receipt of a copy of this
order.
7. Accordingly, this Criminal Revision case stands dismissed.
Consequently, connected Miscellaneous petition is closed.
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04.06.2025
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
mn
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To
The III Metropolitan Magistrate,
George Town, Chennai.
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G.K.ILANTHIRAIYAN, J
mn
04.06.2025
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