IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Crl.MC.No. 2084 of 2011() ----------------------------------- ST.1290/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ------------------------------------- MANOJ K.P, AGED 38 YEARS S/O.K.G.PURUSHOTHAMAN,PARAYIL HOUSE KUMBAZHA PO, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SYAMALATHA, SOWMYA NIVAS, PANNIYALI, OMALLOOR , PATHANAMTHITTA- 689 645. R1 BY PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2084/2011 APPENDIX PETITIONER'S ANNEXURES A:- COPY OF THE COMPLAINT IN ST. 1290/07 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, PATHANAMTHITTA. B:- COPY OF THE CRL.MP. 793/2011 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2084 of 2011 - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011. O R D E R Heard the learned counsel for the petitioner. In spite of notice, nobody has entered appearance for the 2nd respondent. 2. The petitioner is the accused in S.T.No.1290 of 2007 on the file of the Judicial First Class Magistrate-I, Pathanamthitta for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioner has filed an application before the learned Magistrate to send the disputed cheque to the handwriting expert. The learned Magistrate without passing any order on the application filed by the petitioner, has posted the case for final hearing. The learned counsel for the petitioner states that the petitioner is ready and willing to file a fresh application. If the petitioner files a fresh application before the learned Magistrate highlighting his grievances along with a copy of this order, the same shall be allowed on such terms and conditions the learned Magistrate deems fit. The entire exercise shall be completed at the cost of the petitioner within two months from the date of filing of such application. The petitioner may also lead defence evidence. This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. B.A. No. -:2:- rv