High Court dismissed the petitioner's criminal revision petition seeking forensic examination of a cheque and promissory note, finding no merit due to belated filing and absence of substantive dispute over the signature despite allegations of post-dating contents.
Petition for forensic examination of Ex.P-1 cheque and promissory note dismissed.
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HONOURABLE SRI JUSTICE P. SWAROOP REDDY
CRIMINAL REVISION CASE No.744 OF 2010
JUDGMENT:
This Criminal Revision Case is filed by the petitioner against the order dated 18-03-2010 in Crl.M.P. No.396 of 2010 in C.C. No.618 of 2007 passed by the learned Additional Judicial Magistrate of First Class, Karimnagar.
2. Heard.
3. The petitioner filed the impugned petition to send Ex.P-1 cheque and promissory note to the Handwriting Expert. The learned Magistrate dismissed the petition through the impugned order by observing that when there was no dispute about the signature on Ex.P1, there was no necessity to send the same to the Expert.
4. The contention of the learned counsel for the petitioner is that no doubt the cheque was signed by the petitioner, but the contents were subsequently filled up by the complainant.
5. Firstly, the petition is filed at a belated stage and secondly there is no possibility to find out authentically as to the age of the ink of the signature and other contents of the body of the document, in case there is no substantial gap between the two.
6. Considering the circumstances, I see no merits in the petition and the same is accordingly, dismissed.
__________________ P. SWAROOP REDDY, J
April 16, 2010. KTL
1 issue framed by the court
Whether the petition for forensic examination of cheque and promissory note should be allowed despite the belated filing and lack of dispute regarding signature.
Petitioner
Complainant
P. SWAROOP REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
