IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Crl.MC.No. 2262 of 2009() ----------------------------------------- AGAINST THE ORDER IN CRMP.226/2009 IN CC.134/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ADOOR. .................... PETITIONER/ACCUSED: ---------------------------------------- INDULAL,S/O.KOLAPPANACHERY,THADATHIL VEEDU,KADAKKADU,PANDALAM,PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENTS/ COMPLAINANT & STATE: ---------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.LIFESTYLE,REPRESENTED BY ITS PROPRIETOR,MR.VINOD KUMAR,RESIDING AT KRISHNACHAITHANYA,THONNALLUR,PANDALAM.P.O, PATHANAMTHITTA DISTRICT. SRI. AMJAD ALI, PUBLICE PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- Crl. M.C. No. 2262 of 2009 ------------------------------------ Dated this the 13th day of July, 2009 O R D E R The petitioner is the accused in C.C.No.134/2009 on the file of Judicial First Class Magistrate Court- II, Adoor. The learned Magistrate had taken cognizance of the offence under Section 138 of the Negotiable Instruments Act, on the complaint filed by the second accused. 2. After completion of the evidence, the petitioner filed Crl. M.P. No.226/2009, for sending Exhibit P1 dishonored cheque to an expert to compare the handwriting seen in Exhibit P1 with that of the petitioner. Under Annexure 4 order, it was dismissed. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure 4 order and to send the cheque to the expert. 3. The petitioner has no case that second respondent deposed before the court that the handwriting in the dishonoured cheque was made by the petitioner in his presence. On the other hand, case is that an already written cheque was brought before the complainant and in his presence, it was B.A. No. 2262/ 2009 Page numbers signed by the petitioner. 4. Therefore, I find no reason to send the handwriting to an expert or to interfere with Annexure 4 order. The petition is dismissed with liberty to the petitioner to challenge Annexure 4 order along with the final order in the case. M. SASIDHARAN NAMBIAR JUDGE scm