High Court Kerala High Court

Sajeesh.P.V vs Sakthan Kuries And Loans (P) Ltd on 19 February, 2009

Kerala High Court
Sajeesh.P.V vs Sakthan Kuries And Loans (P) Ltd on 19 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 724 of 2009()



1. SAJEESH.P.V.
                      ...  Petitioner

                        Vs

1. SAKTHAN KURIES AND LOANS (P) LTD.
                       ...       Respondent

                For Petitioner  :SRI.JIJO PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :19/02/2009

 O R D E R
                     M.N. KRISHNAN, J.
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                CRL.M.C. NO. 724 OF 2009
           = = = = = = = = = = = = = = =
      Dated this the 19th day of February, 2009.

                          O R D E R

This petition is filed to direct the learned Chief Judicial

Magistrate, Thrissur to send the disputed signature in

Annexure J for expert opinion to a second expert allowing

Annexure K petition in the interest of justice. The petitioner

before the Court is an accused who is facing trial u/Ss.416,

417, 420 and 422 IPC. It is with respect to the issuance of

cheque where the execution and signature of the cheque are

disputed by the petitioner. At his instance the cheque was

sent for expert opinion of handwriting and signature by an

expert and that report has been received and the matter is

proceeded thereafter. The petitioner contends before me

that the report submitted by the expert is scientifically

incorrect which requires interference and a decision cannot

be formed on the basis of such a report. It is in this

background he has filed Annexure K petition before the Chief

Judicial Magistrate to send the document for an opinion by

CRL.M.C. 724 OF 2009
-:2:-

another expert. There is no point in permitting examination

of a document by experts after experts. When an expert

report is filed which has only the value of an opinion

evidence the parties are at liberty to challenge that report

and when the Court is satisfied that the said report is not

some thing which cannot be scientifically relied upon by a

Court of law, the parties are reverted back to the original

position and therefore a necessity may arise to get a fresh

report. So what can be done so far as this case is concerned

is to permit the present petitioner to adduce evidence by

challenging the report which is available before the Court by

examination of the expert or other witnesses and when that

material is available before the Court it will be possible for

the Court to arrive at a decision regarding the question

whether another expert’s report is to be received or not.

Therefore the Crl.Appeal is disposed of as follows:

(1) I direct the learned Chief Judicial Magistrate to

permit the present petitioner to adduce defence evidence

challenging the correctness of the expert report by

examining the expert or other independent witnesses.

CRL.M.C. 724 OF 2009
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(2) When it is over the Court may get a picture

regarding the correctness or acceptance of the report and

therefore at that stage the Court can consider Annexure K

petition, i.e. the petition filed for referring the matter to

another expert and take a decision on the same and

thereafter dispose of the matter in accordance with law.

The CRL.M.C. is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-