S. Duraisamy vs C. Kanagasabapathy

K. Mohan Ram, J.—Heard both.

The learned Counsel for the petitioner submits that he may be permitted to withdraw the above petition, since the petition filed u/s 45 of the Evidence Act by the petitioner has been dismissed by the learned Judicial Magistrate No. I, Erode mainly on the ground that the documents containing the admitted signature of the petitioner have not been produced and the petitioner wants to produce the documents containing his admitted signature, which are contemporaneous in nature, by filing a comprehensive petition before the court below.

In view of the above submission and in the light of the endorsement made by the petitioner to that effect and as the learned Counsel for the respondent also agrees for the same subject to the condition that such comprehensive petition should be filed within a time limit as fixed by this Court and also fixing time limit for the disposal of the C.C. No. 187 of 2007, the petitioner is permitted to withdraw the above revision petition and such withdrawal will not disentitle the petitioner to file fresh petition under Sections 91 and 45 of the Evidence Act. Liberty is given to the petitioner to file the above said petition within one week from the date of receipt of a copy of this order and if such petition is filed, the trial court shall dispose of the same within one month therefrom with the co-operation of both the parties. On receipt of a report from the expert, the trial court shall dispose of the C.C. No. 187 of 2007 within three months therefrom.

With the above directions, the above revision petition is dismissed as withdrawn. Connected Crl. M.P. is also dismissed.