Madras High Court
R.Uthrapathy vs Periyasamy on 22 December, 2017
Author: V.Bharathidasan
Bench: V.Bharathidasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.12.2017 CORAM THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.29173 of 2017 and Crl.M.P.Nos.16491 and 16492 of 2017 R.Uthrapathy ... Petitioner Vs Periyasamy ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the docket order of the learned Judicial Magistrate dated 16.12.2017 in STC No.242 of 2015 in returning the petition filed under Section 293 Cr.P.C. and also direct the learned Judicial Magistrate No.I, Viruthachalam to send the cheque bearing No.929719 for hand writing expert. For Petitioner : Mr.R.C.Paul Kanakaraj For Respondent : Mr.C.Iyyapparaj Addl. Public Prosecutor O R D E R
This petition has been filed to set aside the docket order of the learned Judicial Magistrate dated 16.12.2017 in STC No.242 of 2015 in returning the petition filed under Section 293 Cr.P.C. and also direct the learned Judicial Magistrate No.I, Viruthachalam to send the cheque bearing No.929719 for hand writing expert.
2. According to the petitioner, the petitioner filed a petition under Section 293 Cr.P.C, seeking a direction to the learned Judicial Magistrate No.I, Viruthachalam to send the disputed cheque bearing No.929719 to the hand writing expert for getting opinion. The trial Court, by order dated 16.12.2017, returned the petition. Challenging the same, the present original petition has been filed.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and perused the materials available on record.
4. Admittedly, the petition filed under Section 293 Cr.P.C. is not maintainable seeking a direction to send the disputed cheque to the hand writing expert for getting opinion and that the trial Court rightly returned the petition.
5. In the result, this criminal original petition is dismissed. However, if the petitioner wants to send the cheque for hand writing expert, it is open to him to file appropriate petition before the trial Court and on such petition filed, the trial Court is directed to consider the same in accordance with law. Consequently, connected M.Ps. are closed.
22.12.2017 rrg To The learned Judicial Magistrate No.I, Virudhachalam.
V.BHARATHIDASAN.J rrg Crl.O.P.No.29173 of 2017 22.12.2017