IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Crl.MC.No. 359 of 2008() ------------------------ CC.12/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER: ------------ XAVIER JOSEPH, AGED 52 YEARS, S/O. A.V.XAVIER, EDAYATTU HOUSE, M.L. ROAD, CHANTHAKADAVU, KOTTAYAM. BY ADV. SRI.AJITH MURALI RESPONDENTS: ----------------- 1. JOHN PRAKASH MATHES, ALINTA KANNIMAL, CHERIYANADU, CHENGANNUR. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 359 of 2008 ========================== Dated this the 24th day of January, 2008. ORDER The petitioner, who is the accused in C.C.No. 12/2005 on the file of the Judicial First Class Magistrate-I, Chengannur in a prosecution under Section 138 of the Negotiable Instruments Act, filed an application as C.M.P. No. 2694 of 2006 before the Magistrate to send Ext. P1 cheque to a handwriting expert for opinion regarding the signature seen on the cheque. Considering the delay as well as the impracticality of getting an opinion from the Forensic Science Laboratory, the learned Magistrate as per Annexure A1 order dated 21.11.2006 directed the petitioner to take steps for sending the questioned documents as well as other materials to one Sukumaran Chettiyar, a retired expert at Thiruvananthapuram for getting expert opinion. Even though the petitioner challenged the said order (directing forwarding of the cheque to a private expert) by filing a revision before the Additional Sessions Court, Mavelikkara, as per Annexure A2 order dated 29.06.2007, that court dismissed the revision. The petitioner does not propose to further challenge the revisional order but only wants some breathing time to take steps in accordance with Annexure A1 order passed by the Magistrate. Accordingly, the petitioner is given 10 days time from today to take steps as directed in Annexure A1 order. This M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv