THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1720 OF 2011 ORDER: Petitioner preferred this Criminal Revision Case against the order passed by the learned appellate Judge in Criminal M.P. No. 219 of 2011 in Criminal Appeal No. 37 of 2008, dated 17.8.2011, whereby, the learned appellate Judge dismissed the application filed by the petitioner to send certain documents to the handwriting expert for opinion. The petitioner is arrayed as accused for an offence under Section 138 of the Negotiable Instruments Act. He was convicted by the competent Court after due trial. The petitioner preferred an appeal before the appellate Court and the same was numbered as Criminal Appeal No. 37 of 2008. During the pendency of the appeal, the petitioner preferred a petition before the appellate Court seeking indulgence of the said court to send Exs. P1 and P2 to handwriting expert for opinion by invoking the provisions of Sections 45 and 73 of the Indian Evidence Act. The learned appellate Judge, dismissed the application through the impugned order on the following grounds. 1) that the petitioner has not availed the opportunity during the period of trial and; 2) that the petitioner has not suggested during the period of trial that the signatures in Exs.P1 and P2 are forged and further even after filing of the appeal, when the petitioner is suggested for a compromise between the parties, he has not chosen to file any application at the first instance and further the learned appellate Judge opined that the petition is filed only with an intention to drag on the proceedings. This Court, after hearing the learned counsel for the petitioner and after perusal of the record is of the view that there is nothing to interfere with the order passed by the learned appellate Judge and the contentions raised by the learned counsel for the petitioner also do not merit acceptance. Hence, the Criminal Revision Case is dismissed. Miscellaneous petitions filed in this Criminal Revision Case, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 25.08.2011 pnb