TMI Blog2006 (12) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... be summoned which is to be sent for hand-writing expert for examination. HELD THAT:- Section 243(2) is clear that a Magistrate holding an inquiry under the CrPC in respect of an offence triable by him does not exceed his powers u/s 243(2) if, in the interest of justice, he directs to send the document for enabling the same to be compared by a hand-writing expert because even in adopting this course, the purpose is to enable the Magistrate to compare the disputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The appellant is entitled to rebut the case of the respondent and if the document viz. the cheque on which the respondent has relied u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant : V. Krishna Murthy, Adv For the Respondents : S.G.K. Kumar and Srikala Gurukrishna Kumar, Advs. JUDGMENT L.S. Panta, J. 1. Leave granted. 2. This appeal by special leave, directed against the order dated 10.2.2004 of the High Court of Judicature at Madras, involves a question with regard to the scope of the powers of the Magistrate under Section 243 of the Code of Criminal Procedure, 1973 [hereinafter referred to as 'Cr.P.C.']. It arises out of these circumstances. 3. A complaint has been preferred by Mrs. M. S. Sampoornam, complainant-respondent herein, against Mrs. Kalyani Baskar, appellant herein, and her husband for the offence under Section 138 of the Negotiable Instruments Act, 1881 [for short t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant during the cross-examination deposed that he has not verified the signature before returning the cheque, in question, as dishonoured. In these circumstances, during the trial of the case the appellant preferred an application under Section 243 of Cr.P.C., requesting the Magistrate to send the cheque in question for expert opinion to ascertain the correctness and genuineness of the appellant's signature appearing thereon. The Magistrate, however, dismissed the application on the ground that it was not mandatory that every disputed document or signature has to be sent to an Expert for opinion, that the original document filed in the court cannot be sent out for any reason and that every document filed before the court should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the appellant and this Court in exercise of its jurisdiction under Article 136 of the Constitution of India should not lightly interfere with the said order. 8. We have given our anxious and thoughtful consideration to the respective contentions of the learned Counsel for the parties. It is not in dispute that the appellant at the initial stage of her appearance before the Magistrate had filed an application under Section 245 Cr.P.C. in which she had categorically denied her signature on the cheque and its delivery to the respondent besides raising other preliminary objections in opposition to the complaint filed by the respondent under Section 138 of the Act. From the record, it appears that the said application was dismissed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of Justice. (3) The Magistrate may, before summoning any witness on an application under Sub-section (2), require that the reasonable expenses in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upulously followed, and courts should be jealous in seeing that there is no breach of them. We have not been able to appreciate the view of the learned Judge of the High Court that the petitioner has filed application under Section 243 Cr.P.C. without naming any person as witness or anything to be summoned, which are to be sent for handwriting expert for examination. As noticed above, Section 243(2) Cr.P.C. refers to a stage when the prosecution closes its evidence after examining the witnesses and the accused has entered upon his defence. The appellant in this case requests for sending the cheque, in question, for the opinion of the hand-writing expert after the respondent has closed her evidence, the Magistrate should have granted such a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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