IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.MC.No. 553 of 2010 -------------------------------- [CRL.M.P. NO.4898/2009 IN C.C.NO.1469/2007 OF JUDL.MAGISTRATE OF FIRST CLASS COURT -II, KOLLAM] .................... PETITIONER/COMPLAINANT: ------------------------------------------ N.AJITHAKUMAR, S/O.NARAYANAN, SUMMER VILLA, THAZHUTHALA, KOTTIYAM, KOLLAM DISTRICT. BY ADV.MR.C.RAJENDRAN. RESPONDENTS: ------------------------ 1. N.SANKARAN @ SANKARAN, ARUNIMA, NADUVILAKKARA, KOTTIYAM, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.553 of 2010 -------------------------- ORDER Petitioner, the accused in C.C.No.1469/2007 on the file of Judicial First Class Magistrate's Court-II, Kollam, filed Crl.M.P.No.4898/2009 for getting the original of Exhibit P4 cheque, which was produced and marked in O.S.No.14/2004 and to send it to an expert for comparison. By Annexure-A3 order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 order and for a direction to the Magistrate to get the original of Exhibit P4 and consider whether the document is to be sent to an expert or not. 2. Learned counsel appearing for the petitioner argued that the signature in Exhibit P4 cheque is not that of the petitioner and when the original document is not before the court, learned Magistrate cannot decide that question and CRMC 553/10 2 therefore, Annexure-A3 order is to be quashed. On going through Annexure-A3 order, I find no illegality or irregularity to quash the order. Petition is, therefore, dismissed. 17th February, 2010 (M.Sasidharan Nambiar, Judge) tkv