IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.MC.No. 1384 of 2006() ------------------------- PETITIONER: ------------- ABDUL RAZACK, PROPRIETOR, SUNWAY TAILOR, MUNICIPAL COMPLEX, TOWN BUS STAND, T.B.ROAD, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.S.GOVINDA RAGHAVAN, S/O.T.R.S.SAHASRANAMA IYER, RESIDING AT 22/256, THIRUNELVELI, PIRAYIRI, PALAKKAD. R1 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 1384 OF 2006 ----------------------------------------------- Dated this the 26th day of June, 2008 O R D E R Petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. He had come to this Court aggrieved by the refusal of the learned Magistrate to accept his prayer to send the cheque to the expert. But during the pendency of this Crl.M.C it is reported that judgment in the prosecution under Section 138 of the Negotiable Instrument Act has already been pronounced. The petitioner has been found guilty, convicted and sentenced. The petitioner has already preferred an appeal before the Sessions Judge. Without prejudice to the right of the petitioner to assail the impugned order also in such appeal, this Crl.M.C may now be closed as unnecessary, submits the counsel. The request of the learned counsel for the petitioner is accepted. This Crl.M.C is dismissed. Needless to say, the petitioner shall be entitled to urge all the contentions that he wanted to raise in this Crl.M.C in the appeal against conviction which is pending. R. BASANT, JUDGE ttb Crl.M.C. No. 1384 OF 2006 2 Crl.M.C. No. 1384 OF 2006 3 Crl.M.C. No. 1384 OF 2006 4