Single judge set aside an order permitting fresh handwriting examination under Cr.P.C. Section 311 as evidence was already marked, directing the Magistrate to decide the cheque bounce complaint expeditiously.
Order permitting handwriting expert examination set aside; case remanded to be disposed of on merits within one month.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.08.2013
CORAM
THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY
Crl.R.C.(MD) No.577 of 2013
R.Sakthivel
.. Petitioner/Respondent
Vs.
S.Rajangam ... Respondent/Petitioner
PRAYER: Petition filed under Section 397 R/W 401 of the Code of Criminal Procedure Code to call for the records and set aside the order in C.M.P.No.4690 of 2013, dated 03.07.2013, on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.
For petitioner : Mr.R.Mathiyalagan
For Respondent : Mr.A.Abdulkhadar for M/s Eddy & Emboss Law firm ***
ORDER
The Criminal Revision Petition has been filed by the petitioner/respondent against the order passed in C.M.P.No.4690 of 2013 in S.T.C.No.71 of 2011, dated 03.07.2013, on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.
The petitioner is the complainant. He has presented a complaint on the basis of return of cheque, before the learned Judicial Magistrate No.I, Karur under Section 138 of Negotiable Instruments Act. When the case has been reached at the stage of arguments, it appears that the accused has presented a petition under Section 311 Cr.P.C. for examination of handwriting expert, for which, on 13.06.2013, the learned Judicial Magistrate has allowed that petition, on payment of costs of Rs.2,000/- to the respondent/complainant on or before 02.07.2013 and on further condition that the petitioner/accused is directed to deposit a sum of Rs.2,000/- as witness batta along with process fee on or before 02.07.2013. Thereafter, the accused has not complied with that order. Further, on 03.07.2013, the accused has filed a petition seeking extension of time for payment of costs to the complainant. The learned Judicial Magistrate has also extended the time for payment of costs to the https://hcservices.ecourts.gov.in/hcservices/ complainant by 08.07.2013. Against the said order, the present Criminal Revision Petition is filed.
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on records.
disposed of.
Sd/-
Assistant Registrar
/ TRUE COPY /
Sub Assistant Registrar
To
1.The Court of the Judicial Magistrate, Karur.
+1cc to Mr.Eddy & Embboss law Firm SR.No. 41294.
+1cc to Mr.R.Mathiyalagan Advocate SR.No. 41328. TS/26.08.2013/2P-5C
Crl.R.C.(MD)No.577 of 2013
20.08.2013
2 issues framed by the court
Whether an order permitting fresh handwriting examination is maintainable when expert opinion was already furnished during arguments.
Whether to set aside an unnecessary order passed by the learned Judicial Magistrate.
2 provisions across 1 enactments
R. Sakthivel
S. Rajangam
A. Arumughaswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
