Section 138 NI Act: Revision not maintainable against dismissal of the application for handwriting expert opinion [Read the Order]

Madras High Court has held that criminal revision is not maintainable as against the order passed by the Court below under Section 45 of the Evidence Act for handwriting expert opinion. 

A bench of Justice Venkatesh has passed the order in the case titled as P.Pattabiraman vs S.R.Eswar on 25.09.2019.

This Criminal Original Petition has been filed challenging the order passed by the Court below dismissing the revision petition filed by the petitioner, challenging the order passed by the learned Judicial Magistrate-III, Dindigul dismissing the application filed by the petitioner under Section 45 of the Evidence Act.

The trial Court dismissed the petition on the ground that the petitioner never took this defence at any point of time and for the first time, when he was called upon to adduce evidence on the side of the defence, the present petition came to be filed. The trial Court also found that the petitioner did not give a reply for the statutory notice to the effect that his signature has been forged in the cheque. That apart, the trial Court also found that the petitioner has not even cross examined both the witnesses on the side of the complainant. Therefore, the trial Court came to a categoric finding that the petition itself has been filed to drag on the proceedings.

High Court observed and held as under:

"As rightly held by the trial Court, the petitioner never chose to take this defence at the earliest point of time.

The petitioner never questioned the signature found in the cheque even in the reply notice. The petitioner did not cross examine P.W.1 and P.W.2.

Therefore, it is clear that the petitioner only wants to drag on the proceedings by sending the cheque for expert opinion.

This Court does not find any illegality or perversity in the order passed by the Court below and there is absolutely no ground to interfere with the same.

That apart, the criminal revision is not maintainable as against the order passed by the Court below under Section 45 of the Evidence Act".

Read the Order here:

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