IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6023 of 2009(Q) ------------------------------------ AGAINST THE ORDER IN MP.56/2009 IN ST.2169/2008 of JFMC IV.,ERNAKULAM .................... PETITIONER: -------------------- SRI.KALADHARAN K.K., I-B, JOMER RESIDENCY, RAVEENDRAN ROAD, KADAVANTHARA. BY ADVOCATE MR. JOHN K.GEORGE RESPONDENT: --------------------- SRI.BIJU SREEDHARAN NAIR, HOUSE NO.28, KUNTHIKULANGARA RESIDENCE ASSOCIATION, KAITHAVANA, SANATHANAPURAM P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P.(C)No. 6023 OF 2009 --------------------------------- Dated this the 25th day of February, 2009 JUDGMENT This petition is filed for a direction to the Judicial Magistrate of First Class -IV Ernakulam to reconsider Ext. P1 petition after setting aside Ext. P2 order. Ext. P1 application is one for sending the cheques Exts. P1 and P2 in the case for an opinion of a handwriting expert. Unfortunately the complainant was not represented and as there was no representation, it was dismissed. The learned counsel would submit that it was not an intentional laches, but though the matter was entrusted to a junior lawyer, he did not represent and that resulted in the dismissal of the petition. I think interest of justice requires consideration of that Ext. P1 application on merits. Therefore I set aside Ext. P2 order and I direct the learned Magistrate to consider Ext. P1 application in accordance with law. M.N. KRISHNAN,JUDGE vkm