IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Crl.MC.No. 534 of 2010() --------------------------------- CMP. NO.8093/09 IN CC.235/2006 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE. .................... PETITIONER(S): ACCUSED ---------------------- K.PADMANABHAN, AGED 73 YEARS, RETD. CHIEF ENGINEER, RESIDING AT ''ATHEENA HOUSE'', CHENAVYR AMSOM, DESOM, MARIKKUNNU P.O., KOZHIKODE TALUK. BY ADVS. MR.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): RESPONDENTS & STATE ------------------------- 1. JENSON MATHEW, S/O. MATHEKUTTY, AGED 58 YEARS, RESIDING AT ''CHEERANS HOUSE'', CHENAVYR AMSOM, DESOM, MARIKUNNU P.O., KOZHIKODE TALUK. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ======================== Crl.M.C No.534 OF 2010 ==================== Dated this the 16th day of February, 2010. O R D E R Petitioner is the accused in CC.No.235/2006 on the file of Judicial Magistrate of First Class-IV,Kozhikkode, taken cognizance for the offence under Section 138 of the Negotiable Instruments Act, on the compliant filed by the first respondent. At the defence evidence stage, petitioner filed C.M.P. 8093/2009 to send Ext.D1 cheque to the Forensic Laboratory, Thiruvananthapuram or to some other expert to find the identity of the hand writing seen therein. But it was objected to by Annexure-5 counter affidavit by the first respondent. Annexure-4 petition was dismissed under Annexure-6 order. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-6 order. 2.Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that as Crl.M.C No.534 OF 2010 2 petitioner is disputing the signature in Ext.D1 cheque, it should have been sent to an expert and dismissal of the application is illegal. The learned Magistrate has given proper and sufficient reason to dismiss Annexure-4 application, by Annexure-6 order. I do not find any illegality or irregularity in the order. Petitioner is at liberty to challenge the order, along with the final order, if it goes against him. Petition is dismissed. M.SASIDHARAN NAMBIAR,JUDGE. mns