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2025 Supreme(Online)(Mad) 63155

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR, J
Barakath – Appellant
Versus
Sajitha Banu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.Yasar Arafath
For the Respondents: Mr.K.Sathish Kumar

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.8886 of 2024 in S.T.C.No.157 of 2023 dated 28.10.2024 on the file of the Court of the Judicial Magistrate, Paramakudi, in dismissing the petition filed under Section 45 and 46 of the Indian Evidence Act . 2. The petitioner is the accused and the respondent as the complainant has filed a private complaint under Section 200 Cr.P.C. for the alleged offence under Section 138 r/w 142 of Negotiable Instruments Act. When the trial of the case was in part-heard stage, the petitioner has filed the above petition under Section 45 of the Indian Evidence Act to send the disputed cheque along with specimen signature of the petitioner to the handwriting expert and to get opinion.

3. The case of the petitioner, canvassed in the petition filed under Section 45 of the Indian Evidence Act , is that the cheque in dispute was not at all given by the petitioner for any legal enforceable debt to the respondent, that the petitioner borrowed a loan of Rs.2,45,000/- from the respondent's father and gave a signed pronote and a blank cheque without signature for security purposes, that though the petitioner had repaid the prin

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