IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.MC.No. 1252 of 2009(F) ------------------------------------ AGAINST THE ORDER DATED 11/03/2009 IN CMP 213/2009 IN CC.1047/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM ................................................ PETITIONER(S): ACCUSED -------------------------------------- B.SREEDHARAN, ASST. MANAGER(RETIRED), STATE BANK OF INDIA, KAYAMKULAM BRANCH, RESIDING AT AJITH BHAVAN, PALLISSERIKAL MURI, SASTHAMCOTTA, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. GEORGE KURIAN, CHEMPADIYIL, MP 41, ASHRAMAM GARDEN, KOLLAM. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.P.SIVARAJ FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No. 1252 of 2009 F =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of August, 2009 O R D E R Petitioner is the accused and first respondent the de facto complainant in C.C.No.1047 of 2006 on the file of the Judicial First Class Magistrate Court-I, Kollam. At the defence evidence stage, petitioner filed C.M.P.No.213 of 2009 to send Ext.P1 dishonoured cheque to an Expert for his opinion. The case of the petitioner is that the cheque was not issued to first respondent/complainant and was given to the father of first respondent by name Sri.C.G.Kurian and not to George Kurian (the first respondent) and letters 'eorge' was added to the letter “G” in the cheque and it was converted into a cheque issued in favour of first respondent and to find out whether case of the petitioner is true or not, it is to be sent to an Expert for comparison. Under Annexure-A3 order, learned Magistrate dismissed the petition giving sufficient reasons. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure-A3 order. 2. Learned counsel appearing for the petitioner and learned counsel appearing for the first respondent is heard. Crl.M.C.1252/09 2 3. On hearing learned counsel, I find no reason to interfere with Annexure-A3 order, in the light of the reasons given by the learned Magistrate in the order. Though learned counsel appearing for the petitioner persuaded me to differ with the findings in Annexure-A3 order by inviting the attention on the photo copy of the dishonoured cheque, I am not convinced with the argument. The question whether the case put forth by the petitioner is correct or not is to be decided by the learned Magistrate. 4. I find no reason to interfere with the impugned order by invoking the extra-ordinary inherent powers under section 482 of the Code of Criminal Procedure. Petitioner is at liberty to challenge Annexure-A3 order along with the final order, if warranted. M.SASIDHARAN NAMBIAR, JUDGE. mn.