IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Crl.Rev.Pet.No. 749 of 2009() ----------------------------- AGAINST THE ORDER DATED 10/02/2009 IN CRMP.3233/2008 IN ST.599/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... REVN. PETITIONER(S): JANANI VARADARAJAN, DIRECTOR, SREE NARAYANA CONSTRUCTIONS PVT. LTD., OPP K.S.R.T.C BUS STATION, JETTY ROAD, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): 1. STATE OF KERALA, REP BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.SOMARAJAN PILLAI, KURUPPAM VEEDU,MANGARAM, KONNI. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = = = Crl.R.P. No. 749 of 2009 = = = = = = = = = = = = = = = = = = Dated, this the 5 th day of March, 2009. O R D E R Petitioner, who is the 2nd accused in S.T.No.599 of 2006 on the file of the J.F.C.M-II, Pathanamthitta challenges the order dated 10.2.09 passed by the learned Magistrate in Crl.M.P.No.3233/2008 as per which the petitioner sought for sending the two cheques in question namely Exts. P1 and P9 for expert opinion regarding the age of the writings on the cheques. Apart from the fact that the said application was filed belatedly at the fag end of the trial, the order of dismissal passed by the Magistrate cannot amount to a final order disposing of S.T.No.599/06 one way or the other so as to render this revision maintainable. This revision is accordingly dismissed but without prejudice to the right of the petitioner to challenge the prosecution as against him, in case there are valid grounds in support thereof. Dated this the 5th day of March, 2009. V. RAMKUMAR, JUDGE. sj Crl.R..P. No. -:2:-