9911796707
TMI Blog2006 (2) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... received a verdict of conviction and preferred Criminal Appeal Nos. 7 and 8 of 2005 against C.C. Nos. 10526 and 6886 of 1999 respectively on the file of the learned V Metropolitan Magistrate, Egmore, Chennai. 3. While the said appeals were pending before the Fast Track Court/II Additional Sessions Judge, Chennai, the petitioner in the aforesaid cases filed petitions in Crl.M.P. Nos. 4918 and 4963 of 2005 seeking permission of the Court to send the promissory notes marked in those two cases for expert examination and report of a hand writing expert. 4. The Appellate Court having observed that there was no necessity to send the promissory notes for the examination of an expert as the signatures found in the promissory notes were admitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subscribed his signatures to the promissory notes produced before the trial Court. It is not as if the petitioner was taken by surprise. Only on the basis of the promissory notes, the criminal prosecution has been laid alleging that the cheques issued to discharge the promissory note debts bounced on presentation. The whole cross-examination of the complainant and the examination of the petitioner herein had been done only after perusal of the promissory notes. 9. The petitioner who had not whispered anything about the alleged material alteration in the promissory notes before the trial Court when the case was pending for quite a long time, cannot be permitted to take a new stand that the promissory notes themselves were materially alter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same dictates exercise of power as conferred by the Code, there ought not to be any hesitation in that regard. Section 391 was introduced in the statute-book for the purpose of making it available to the Court, not to fill up any gap in the prosecution case but to oversee that the concept of justice does not suffer. 12. That was a case where the Hon'ble Supreme Court accepted the course adopted by the High Court to examine the accused persons at the appellate stage as per the provisions of Section 313 of the Code of Criminal Procedure with regard to the incriminating circumstances which were not put to the accused persons by the trial Court. The High Court had to adopt that procedure to rectify the irregularity cropped up and pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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