HIGH COURT OF MADRAS
Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
S.PRAVEENKUMAR – Appellant
Versus
LENIN – Respondent
O R D E R
This Criminal Revision has been filed against the dismissal of the petition passed by the Judicial Magistrate No.I, Namakkal in C.M.P.No.1945 of 2021, C.C.No.302 of 2018, filed under Section 45 Indian Evidence Act, seeking to send the cheque for expert opinion.
2. The petitioner is an accused in C.C.No.302 of 2018, pending trial for the offence under Section 138 of Negotiable Instruments Act. The petitioner had filed the petition under Section 45 of Indian Evidence Act, in which, it has been stated that the complainant was examined in Chief and documents have been marked on the side of the complainant. Thereafter, one Raghu, S/o.,Karuppanan has been examined as defence witness and three other witnesses have been summoned as defence witnesses. The witnesses who have received the summons avoided to appear before the Court, since they have colluded with the complainant. The petitioner had further submitted that though the signature in the cheque is admitted, the other entries in the cheque were not filled by him and thereby, he had filed C.M.P.1945 of 2021 seeking to send the cheque for expert opinion to prove that the entries were not made by the petitioner/accused.
3. The re
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