The petitioner is accused in a private complaint filed under Section 138 of the Negotiable Instruments Act. Pending complaint, he filed a petition to send the disputed cheque to an expert to find out whether there is any material alteration in the cheque and also whether the date mentioned in the cheque, the amount mentioned in the cheque and the other writings in the cheque have been written in the same ink. The court below dismissed that petition. Now, challenging the same, the present Criminal Revision Case has been filed.
2.I have heard Mr.N.Mohideen Basha, the learned counsel appearing for the petitioner and Mr.K.K.Senthil, learned counsel appearing for the respondent and perused the records carefully.
3.When the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that earlier, the petitioner filed a similar application before the trial court. The trial court dismissed that application in Crl.M.P.No.1338 of 2004, by an order dated 11.06.2004 and that order was not challenged by way of appeal or revision. Now, thereafter, after four years, once again, the petitioner has come out with the same prayer by way of Cr.M.P.No.959 of 2010, which was also dismissed on 22.03.2010. Challenging the same, the present Criminal Revision case has been filed.
4.Considering the fact that earlier, a similar application filed by the petitioner was dismissed by the trial court and the same was not challenged, and the court below also after considering the entire materials, has rightly dismissed the application.
5.In view of the above facts and circumstances of the case, I find no illegality or irregularity in the order passed by the court below. Hence, this Criminal revision case is dismissed. Since the matter is pending from the year 2001, the trial court is directed to proceed with the trial and dispose of C.C.No.124 of 2001 within a period of 3 months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is also dismissed.
To The Judicial Magistrate No.1, Virudhunagar.
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