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2017 Supreme(Mad) 4206

S.S.SUNDAR
Kasthuri – Appellant
Versus
Sebasthiar – Respondent


Advocates Appeared:
For the Petitioners: Mr. T. Lajapathy Roy for M/s. R. Meenakumari.
For the Respondent: Mr. N. Mohideen Basha.

ORDER :

This petition is filed to set aside the order passed by the II Additional District Judge, Tiruchirapalli in Crl.R.C.No.44 of 2014, dated 17.02.2016.

2. The petitioner is the respondent in STC No.118 of 2012. The respondent in this petition filed a complaint under Section 138 of Negotiable Instruments Act which is pending before the learned Judicial Magistrate No.II, Tiruchirapalli in STC No.118 of 2012. The petitioner had earlier filed a Crl.O.P.(MD) No.5185 of 2012 to quash the complaint stating that the petitioner has not received any amount from the complainant who according to him is a stranger and further disputed her signature found in the cheque in question. The said Criminal Original Petition was dismissed. However, the petitioner was given liberty to take appropriate steps so as to prove that the signature found in the cheque in question is not her signature.

3. It was thereafter the petitioner filed a petition in Cr.M.P.No.2787 of 2014 for getting expert opinion under Section 45 and 73 of Evidence Act to send Ex.P2 - cheque regarding the signature and further to analyse the signature in Ex.P2. The said petition was also dismissed by the trial Court by an order dated








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