IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2025 CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.2326 of 2024 Jayanthilal ... Petitioner ..vs..

1. R.Prasad @ Ramichetty Prasad

2. The State Represented by The Inspector of Police, Central Crime Branch, Vepery, Chennai 7, Crime No.84 of 2022. ... Respondents Criminal Revision Case filed under Section 438 r/w 442 of BNSS, 2023 to (i) call for the records in Crl.M.P.No.50367 of 2024 in C.C.No.2777 of 2023 on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases In Chennai)

and CBCID Metro Cases, Egmore.

(ii) set aside the order passed by the trial Court in Crl.M.P.No.50367 of 2024 in C.C.No.2777 of 2023 dated 06.11.2024 on the file of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases In Chennai) and CBCID Metro Cases, Egmore.

For Petitioner : Mr.Suresh Babu For Respondents : Mr.B.Mohan for R1 Mr.S.Sugendran Additional Public Prosecutor for R2

O R D E R

The petitioner has filed the present revision petition challenging the order dated 06.11.2024 passed by the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases In Chennai) and CBCID Metro Cases, Egmore in Crl.M.P.No.50367 of 2024 in C.C.No.2777 of 2023.

2. The case of the prosecution is that the de-facto complainant is carrying on jewellery business and is in the practice of engaging agents by entering into service agreement and is selling jewellery to the customers in various places. The first respondent/accused is said to be one of the commission agents appointed by the petitioner-de-facto complainant under a service agreement dated 05.03.2021 for the State of Andhra Pradesh. The allegation against the first respondent-accused is that the petitioner-de-facto complainant had entrusted the jewels weighing 3762.590 grams to the first respondent on 07.01.2022 and the first respondent while receiving the same had also signed in vouchers but the first respondent neither paid the amount nor returned the jewellery to the petitioner and ultimately, the first respondent committed criminal breach of trust and cheating.

3. A complaint was given against the first respondent-accused and an F.I.R. in Crime No.84 of 2022 was registered by the second respondent-Police on 18.05.2022 for offences under Sections 406 and 420 IPC. The first respondent, aggrieved with the allegations made by the petitioner-de-facto complainant in the complaint, particularly, denying the signature found in the service agreement dated 05.03.2021, had moved this Court by filing Crl.O.P.No.18738 of 2022 seeking a direction to the investigating officer to send the disputed documents to the handwriting expert to compare the signature of the first respondent. This Court, vide order dated 10.08.2022 directed the second respondent-Police to take the aid of an handwriting expert and to get an opinion. Ultimately, a final report came to be filed and the same was taken cognizance by the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases In Chennai) and CBCID Metro Cases, Egmore, Chennai on 24.03.2024 and charges were framed against the first respondent-accused for offences under Sections 406 and 420 IPC.

4. After taking cognizance, the first respondent has once again moved this Court by filing Crl.O.P.No.15577 of 2023 praying for subjecting the service agreement dated 05.03.2021 as well as other vouchers of the de-facto complainant for getting further forensic examination by any other agency other than the Tamil Nadu Forensic Science Department, Chennai. This Court, vide order dated 12.07.2023 disposed of the petition and directed the Court below to seek for expert opinion from the Forensic Science Department, Mylapore, Chennai and such opinion shall be given by any other expert other than Mr.D.Panchatcharam and the proceedings were directed to be kept in abeyance till such opinion. Even afte