IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Crl.MC.No. 3203 of 2006() ------------------------- AGAINST THE ORDER IN CMP 3567/2006 IN ST.485/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): ------------------------- SUNILKUMAR K.M., S/O.APPU NAIR, 'SRUTHI', KARANTHUR AMSOM, KUNNAMANGALAM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. PADMAKUMAR, S/O.VELAYUDHAN, AMRUTA AUTO FINANCE CONSULTANCY, THAMARASSERY, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3203/2006 APPENDIX PETITIONERS' ANNEXURE: ANNEX.A1: COPY OF THE ORDER DTD. 29/09/06 PASSED BY THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS I, THAMARASSERY IN CMP.NO.3567/06 IN S.T. NO.485/05. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3203 of 2006 - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2011. O R D E R The petitioner, who is the accused in S.T. No. 485 of 2005 on the file of the Judicial First Class Magistrate-I, Thamarassery for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, has filed this application to send the disputed cheque to the handwriting expert. 2. Heard the learned counsel for the petitioner. In spite of notice, nobody has entered appearance for the 1st respondent. 3. The specific case of the petitioner is that he has not filled up the cheque in question whereas the case of the prosecution is that the petitioner filled up the cheque in the presence of PW1. In view of such dispute, the disputed cheque should be referred to the handwriting expert. Hence, I direct the Judicial First Class Magistrate-I, Thamarassery to forward the document to the handwriting expert in terms of the prayer made in C.M.P.No. 3567 of 2006 in S.T. No. 485 of 2005 and at the cost of the petitioner. The entire exercise shall be within two months from the date of production of the certified copy of this Crl.M.C No. 3203/2006 -:2:- order. S.T. No. 485 of 2005 shall also be disposed of within four months from the date of receipt of this order. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv