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2013 Supreme(Mad) 4225

M.VENUGOPAL
Retnabai – Appellant
Versus
Belarmine Joseph – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:K.M. Appaji, Advocate.
For Respondents/Defendant:M.R. Sreenivasan, Advocate.

ORDER

1. The Petitioner/Accused focussed the present Criminal Revision Petition as against the order dated 06.07.2011 in C.M.P. No. 3935 of 2009 in C.C. No. 79 of 2007 passed by the learned Judicial Magistrate No. II, Kuzhithurai. The learned Judicial Magistrate No. II, Kuzhithurai, while passing the impugned order in C.M.P. No. 3935 of 2005 in C.C. No. 79 of.2007 on 06.07.2011, has, among other things, observed that already, in order to find out the difference between the age of the signature in the cheque and the writings in the cheque till date, no final report has been filed in regard to the cheques sent from the Court after the examination of the same by Experts and per contra, the examination results have come which point out that age of the ink could not be found out and therefore, in order to prevent the delay which is to occur any further in the case and also when the age of the ink could not be found out, the sending of the cheque in order to find out the age of the ink in regard to signature is not in furtherance of justice and ultimately dismissed the petition.

2. Assailing the propriety of the dismissal order passed by the trial Court in C.M.P. No. 3935 of 2011 in C.C. N























































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