High Court Kerala High Court

T.K.Vijayaraghavan vs Adukkadukkam Veetil Kumaran Nair on 5 October, 2007

Kerala High Court
T.K.Vijayaraghavan vs Adukkadukkam Veetil Kumaran Nair on 5 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3317 of 2007()


1. T.K.VIJAYARAGHAVAN, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. ADUKKADUKKAM VEETIL KUMARAN NAIR,
                       ...       Respondent

                For Petitioner  :SRI.M.SANTHOSHKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :05/10/2007

 O R D E R
                           V. RAMKUMAR, J.

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                    Crl. R.P. No. 3317 OF 2007 D
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              Dated this the 5th day of October, 2007

                                 O R D E R

In view of the proposed disposal of the revision, notice

to the respondent complainant is dispensed with in this revision.

2. The revision petitioner is the accused in

C.C.No.1203/04 on the file of the JFCM-I, Hosdurg which is a

prosecution for an offence punishable under section 138 of the

Negotiable Instruments Act, 1881, in respect of a cheque for an

amount of Rs.3,60,000/-. According to the revision petitioner, the

complainant, who is none other than the husband of the younger

sister of the revision petitioner, had stolen the cheque dated

27.1.04 entrusted by the revision petitioner with his wife to be

handed over to an LIC agent without writing the amount for

payment of the exact premium amount (which by practice, used to

be filled by the LIC agent himself). After the evidence of the

complainant was over and after the examination of the revision

petitioner under section 313 Cr.P.C., the revision petitioner filed

CMP.No.1988/07 for sending the cheque to the handwriting expert

to ascertain the overwriting and correction in the date of the

Crl.R.P.No.3317/07
: 2 :

cheque. According to him, the cheque, which was entrusted with

his wife, was dated 27.1.04 which was wrongly corrected as

27.7.04. After hearing both sides, the court below as per order

dated 19.5.2007 allowed the said request for ascertaining the

overwriting and correction in the date of the cheque. But when the

revision petitioner filed Annexure-A2 forwarding note before court

the request thereunder was to examine and ascertain the

genuineness of the correction in the cheque as well as the

handwriting seen in the cheque. There was no such additional

direction in CMP No.1988/07 and noticing the additional request

made in the forwarding note, the court below as per order dated

13.7.07 declined his prayer. The operative portion of the order

reads as follows:-

“Therefore, since the accused has not

taken steps in spite of sufficient

opportunities given, the prayer of the

accused now made is declined as belated.”

3. Since there appeared some ambiguity in the operative

portion of the impugned order, the learned Magistrate was asked

to clarify. As per letter dated 29.9.07, the Magistrate has clarified

that CMP No.1988/07 filed by the revision petitioner/accused for

Crl.R.P.No.3317/07
: 3 :

an opinion from the handwriting expert to ascertain the overwriting

and correction of date in the cheque in question, was allowed on

19.5.07 and since in the forwarding notes filed by the accused on

1.6.07, he had also made a further prayer to send the cheque for

comparison of the handwriting in the cheque, the additional prayer

was disallowed and that so far the accused has not taken any

steps in terms of the order in CMP.No.1988/07. Thus, what has

been disallowed is only the additional prayer made in the

forwarding note. The revision petitioner is, therefore, given two

weeks’ time to file a revised forwarding note in terms of the order

dated 19.5.07 passed in CMP.No.1988/07.

This revision is disposed of accordingly.

(V. RAMKUMAR, JUDGE)
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