Though notice has been sent to the respondent, the same has not been served.
2.This criminal original petition has been filed, under
Section 482 of Cr.P.C., praying to set aside the order of the Sessions Judge, Karur dated 29.06.2010 in Crl.R.C.No.1 of 2010.
3.It is averred in the petition that a cheque case was filed against the petitioner under Section 138 of the Negotiable Instrument Act and the same was taken on file by the Judicial Magistrate No.2, Karur in C.C.No.344 of 2005 and that the petitioner filed petition under
Section 45 of the Indian Evidence Act, praying the Court to send the disputed cheque to the handwriting expert for examination and the same was dismissed by the trial Court. Therefore, aggrieved by the order of the Judicial Magistrate, he preferred criminal revision before the Sessions Judge and the Sessions Judge has also dismissed the revision petition, confirming the order of the Judicial Magistrate, without taking note of the fact that the cheque in dispute was stolen from the petitioner and a case was also registered by Karur Town Police. Therefore, the order of the Sessions Judge is liable to be set aside.
4.Perusal of the records disclose that there was already a direction from the Sessions Court, to dispose of the case within a stipulated period and the learned counsel for the petitioner is not in a position to inform about the stage of the case. The above petition under
Section 45 of the Indian Evidence Act, is also found filed during examination of defence witness. Under the above circumstances, this Court is of the view that notice to the respondent is not necessary.
5.The Sessions Judge, in his order, has clearly stated that after examination of the accused under
Section 313 of Cr.P.C., the petitioner came forward with the petition before the Judicial Magistrate under
Section 45 of Indian Evidence Act. He has also noted that the petitioner is in the habit of filing petitions one after another and he already filed a petition under
Section 91 of Cr.P.C. and against that order, he already moved the Sessions Court under the revisional jurisdiction and after that, the present application has been filed. It is also mentioned in the order that already, there is an order by the Sessions Court, to dispose of the case, within the stipulated time.
6.The only ground that has been taken by the petitioner is that the cheque was stolen and therefore, the signature has to be verified by sending to the handwriting expert. The petitioner has not moved the application at the earliest stage.
7.Considering the fact that the petitioner filed petitions one after another, it is nothing but to drag on the proceedings. The order of the Sessions Judge is well reasoned one and this Court does not find any reason to interfere with the orders of the Sessions Judge.
8.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed.
To
1.The Sessions Judge, Karur.
2.The Judicial Magistrate No.II, Karur..