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2022 Supreme(Online)(MAD) 920

HIGH COURT OF MADRAS
Hon`ble Mr Justice M. NIRMAL KUMAR
S.R.SUBRAMANIAM – Appellant
Versus
T.G.SIVAKUMAR S/O.GOVINDARAJ – Respondent


ORDER

This petition has been filed to call for the records relating to the order dated 31.07.2014 made in Crl.M.P.No.4365 of 2014 in STC.No.73 of 2011 on the file of the learned Judicial Magistrate, Fast Track Court-II, (Magisterial Level), Erode, and set aside the same by allowing this Criminal Revision Petition.

2. The petitioner herein, who is the complainant in STC.No.73 of 2011, filed a petition in C.M.P.No.4365 of 2014 under Section 45 of the Evidence Act, to compare the difference of tint of ink found in the date of Ex.P1 cheque, dated 25.04.2010, with the amount in numerical Rs.15,00,000/-. The trial Court by the order dated 31.07.2014, dismissed the petition for the reason that the prayer sought for in that petition is not clear and also sending the cheque is not proper since earlier the petitioner had filed CMP.No.3657 of 2013 to send Ex.P1 cheque and later he withdrew the same.

3. The learned counsel for the petitioner submitted that the respondent/accused has not disputed the issuance of cheque and the date inscribed in the cheque. His only dispute is with regard to the insertion of “1” before Rs.5,00,000/- and made Rs.15,00,000/-. He further submitted that earlier the ac

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