S.Shalini v. G.Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Criminal Revision Case No.1274 of 2020 and Crl.M.P.No.8950 of 2020

S.Shalini ... Petitioner ..vs.. G.Ganesh ... Respondent

Prayer:Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the order passed by the learned Metropolitan Magistrate, Fast Track Court at Magistrate Level -IV, Chennai in Crl.M.P.No.6825 of 2019 in C.C.No.1342 of 2015 dated 18.03.2020 and consequently permit the petitioner for giving sample signature to the handwriting expert to compare the signature in question on the cheque.

For Petitioner : M/s.Karpagam M for Mr.R.Prabhakaran

This Criminal Revision Case has been filed against the order dated 18.03.2020 passed in Crl.M.P.No.6825 of 2019 in C.C.No.1342 of 2015 on the file of the learned Metropolitan Magistrate, Fast Track Court at Magistrate Level -IV, Chennai.

1. The petitioner is the accused in C.C.No.1342 of 2015 before the learned Judicial Magistrate No.II, Chengalpattu. Further, the petitioner filed a petition in Crl.M.P.No.6825 of 2019 under Section 45 of Indian Evidence Act before the Metropolitan Magistrate, Fast Track Court at Magistrate Level -IV, Chennai seeking to get the opinion of the hand writing expert. After considering the materials, the learned Magistrate dismissed the said petition on ground that the petitioner herself admitted the fact that she has given a blank cheque as security for the debts. Therefore, once the petitioner has admitted the issuance of the cheque, the same need not be sent for expert opinion. Challenging the said order the petitioner is before this Court.