IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.MC.No. 87 of 2006(A) ------------------------ AGAINST THE ORDER DATED 13/12/2005 IN CRMP. 5283 /2005 IN CC.284/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER: ACCUSED. ------------------------ MATHEW C.MATHEW, S/O.LATE C.V.MATHEW, CHIRAYIL VEEDU, KALAVOOR, ALAPPUZHA. BY ADV. SRI.JOBY CYRIAC RESPONDENTS: COMPLAINANT AND STATE. ------------------------------------- 1. P.X.RODOLPH, S/O.ANDROWS XAVIER, PALLIKKATHAYI, ARTHUNGAL P.O. CHERTHALA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.VIJAYA BHANU FOR R1 SMT.P.MAYA FOR R1 PUBLIC PROSECUTOR SHRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------------- Crl.M.C No.87 of 2006-A --------------------------------------------- Dated this the 13th February, 2009. O R D E R The petitioner is the accused in C.C. 284/2003, a complaint filed by the first respondent under Section 138 of the Negotiable Instrument Act. The petitioner applied before the learned Magistrate to send the impugned cheques to forensic science laboratory, Thiruvananthapuram, to obtain an expert opinion. The learned Magistrate declined the same by Annexure A2 order. Assailing Annexure A2 order this petition was filed. 2. Today when the petition came up for hearing, the learned counsel for the petitioner submitted that the trial before the lower court was over and he is not pressing this petition. In the circumstance this petition is dismissed as not pressed. P.S.GOPINATHAN, JUDGE ab