N.KIRUBAKARAN
Babulal Surana – Appellant
Versus
T. P. Selva Rayan – Respondent
1. The petitioner, who is facing proceedings under Section 138 of the Negotiable Instruments Act, before the trial Court, is aggrieved over the dismissal of the petition to summon the Manager/Staff of the Bank of India, Kodambakkam Branch, Chennai, to produce specimen signature and xerox copy of the specimen signature of Late.T.P.Selva Rayan, having SB Account No.0259 in the said Bank, has filed these petitions.
2. The reason given by the trial Court is that the petitions have been filed only with an intention to prolong the matter. If the petitioner wants to prove that the signature found in the letter dated 21.06.2005 is that of the respondents' father, he could have taken steps to compare the signature in the said document with the signature found in the vakalat and also in the complaint as well as in the proof affidavit. When the signatures are already available before the Court, there is no necessity to summon the Manager/Staff of the Bank of India, Kodambakkam Branch, Chennai, to produce the documents. The said reasonings cannot be found fault with. First of all, the burden is cast upon the petitioner to prove that the signature found in the letter dated 21.06.2005 is t
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