no admitted signatures of the contemporaneous period. Hence, the petition in Crl.M.P.No.1431/2010 stands closed
|CRLRC 561 / 2013||CRLRCSR 8432 / 2013|
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Revision Case No.561 of 2013
This Criminal Revision Case is directed against the docket order dated 13-3-2013 passed in C.C.No.109 of 2009 on the file of the Judicial First Class Magistrate, (Special Mobile Court), Eluru. This is the second journey of the petitioner to this Court. Earlier, the petitioner approached this Court challenging the order dated 02-01-2013 passed in Crl.M.P.No.1431 of 2010 in C.C.No.109 of 2009 on the file of the Judicial First Class Magistrate, (Special Mobile Court), Eluru. The said revision came to be allowed on 21-02-2013. The relevant portion of the order passed in Criminal Revision Case No.50 of 2013 reads as hereunder:-
“ Learned counsel appearing for the first respondent-complainant submits that the first respondent-complainant has no objection if the petitioner-accused furnishes the admitted signatures of contemporaneous period within a stipulated time, so that the admitted signatures could be sent to the handwriting expert for comparison with the signatures of the petitioner appearing on the cheque in question.
Having considered the facts and circumstances, I am of the view that some time can be allowed to the petitioner-accused to furnish the admitted signatures of contemporaneous period.
Accordingly, this Criminal Revision Case is disposed of at the admission stage, permitting the petitioner to furnish his admitted signatures of contemporaneous period before the trial Court within two weeks, failing which, the order impugned in the revision shall hold good”.
2. The petitioner filed income tax department acknowledgment dated 25.3.2008 for being sent to the handwriting expert for comparison with the admitted signatures. Admittedly, the acknowledgment dated 25-3-2008 does not contain signature of the petitioner/accused. Therefore, the learned Magistrate proceeded to pass the following order:-
“ Both parties present. Accused filed income tax department acknowledgment dated 25/03/2008, where there is no signature column to be signed by the accused. Form No.2D of accused of 2006 was already sent for comparison to the expert and the same was returned stating that more admitted signatures are required. Accused submitted that there are no admitted signatures of the contemporaneous period.
Hence, the petition in Crl.M.P.No.1431/2010 stands closed”.
3. There is no flaw in the docket order dated 13-03-2013 passed by the trial Court warranting interference of this Court in exercise of powers under Sections 397 and 401 of Cr.P.C.
4. Accordingly, the Criminal Revision Case is dismissed at the stage of admission.
B.SESHASAYANA REDDY, J