IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 3964 of 2010() ------------------------------------ CMP.5367/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY (S.T. NO.1004/2007) .................... PETITIONER(S): ACCUSED -------------------------------------- U.V.VISWANATHAN, AGED 60 YEARS, RETIRED KSRTC STORE ISSUER, AMBADI HOUSE, KAILAS NAGAR, IKK ROAD, THAVUNDAPURA THAZHAM, EAST HILL, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. P.BABU, AGED 59 YEARS, SON OF PARAN, VAZHAYIL HOUSE, THAMARASSERY, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3964 OF 2010 --------------------------------------------- Dated 28th September, 2010 O R D E R Petitioner, the accused in S.T.1004/2007 on the file of Judicial First Class Magistrate's Court-I, Thamarassery taken cognizance for the offence under Section 138 of Negotiable Instruments Act filed this petition to quash Annexure-2 order passed by the learned Magistrate in C.M.P.5367/2010, an application to send Ext.P1 dishonoured cheque to an expert. 2. Learned counsel appearing for the petitioner was heard. 3. Annexure-2 order shows that learned Magistrate dismissed the petition for the reason that petitioner has not established that there is any technique to ascertain the 2 age of the writings and also for the reason that the petitioner has not produced a panel of the experts to whom the cheque is to be sent as sought for. 4. On hearing the learned counsel, I do not find it necessary to quash Annexure-2 order. Petitioner is at liberty to file a fresh application enclosing a panel of experts to whom cheque is to be forwarded and satisfy the Magistrate that there is sufficient technique to ascertain the age of the writings. If such an application is filed, learned Magistrate to pass appropriate orders in accordance with law. Annexure-2 order is not a bar for entertaining the application. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.