IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.Rev.Pet.No. 494 of 2008() ----------------------------- C.M.P. NO. 2562 OF 2007 IN C.C. NO. 596 OF 2005 ON THE FILE OF THE J.F.C.M.I, PERINTHALMANNA REVN. PETITIONER: PETITIONER/ACCUSED ------------------------------------ HASSAN, AGED 61, S/O. KUNHI MOIDU, UNNIKANDATHIL, EDAYATHUR P.O., EDAYATHUR AMSOM DESOM, CHAVAKKAD TALUK. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. SAIDALAVI, AGED 27, S/O. MUHAMMED, THEYYATHUMKAVIL HOUSE, ARAKKAPARAMBU AMSOM DESOM, PERINTHALMANNA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 494 of 2008 * * * * * * * * * * * * * * * * * * Dated: 22-2-2008 ORDER Petitioner who is the accused in C.C. No. 596 of 2005 on the file of the J.F.C.M.I, Perinthalmanna challenges the order dated 5-1-2008 passed by the Magistrate refusing to send the cheque in question to the handwriting expert for comparison in a prosecution under Section 138 of the Negotiable Instruments Act, 1881. I am not inclined to interfere with the discretion exercised by the trial Court. This Revision is accordingly dismissed without prejudice to the right, if any, of the petitioner to challenge the impugned order, in case, the prosecution ends in conviction and the petitioner is compelled to file an appeal against the conviction. V. RAMKUMAR, (JUDGE) ani.