THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7489 of 2010 ORDER: The petitioner approaches the Court with a prayer to set aside the order passed by the learned Magistrate on 16.07.2010, by which the learned Magistrate dismissed the application for deposit of a sum of Rs.5,000/- towards costs as ordered by the learned Magistrate on 18.06.2010. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. It is seen from the record that the petitioner filed an application in Crl.M.P.No.1214 of 2009 in C.C.No.426 of 2007 seeking to send the disputed signature available on pronote and cheque bearing No.0047732 to the Handwriting expert for comparison with the admitted signature of the petitioner-accused available on memo of appearance. The learned Magistrate allowed the said application on 12.04.2010 and directed the petitioner to deposit the costs for sending the document on or before 26.04.2010. While the learned counsel tried to comply the said order, he came to know that the order is silent about the mode of payment and how much of costs he has to pay. At that stage, he filed a memo on 18.06.2010 seeking modification of the order, dated 12.04.2010. While disposing of the said memo, the learned Magistrate granted time to the petitioner to pay the costs of Rs.5,000/- on or before 16.07.2010. As the petitioner failed to comply with the said condition, the memo was dismissed by docket order dated 16.07.2010. Hence, this petition. Learned counsel for the petitioner submitted that he is ready to deposit the same on or before 31.08.2010. Considering the same, the order passed by the learned Magistrate on 16.07.2010 is hereby set aside and the petitioner is directed to deposit the said amount of Rs.5,000/-(Rupees five thousand only) as ordered by the learned Magistrate on 18.06.2010. On such payment, the learned Magistrate is directed to proceed further with the matter. With the above observation, the Criminal Petition is disposed of. ___________________ JUSTICE RAJA ELANGO Date:20.08.2010 Note: Issue C.C.within one week. B/o. Rns