IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1769 of 2008() ------------------------- ST.1044/2006 on the files of the Judicial Magistrate of Ist Class – IX, Thiruvananthapuram) .................... PETITIONER: -------------------- MURUKESH PILLAI, QUARTER NO.112, RAILWAY QUARTERS, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.MANOJ RESPONDENTS: ------------------------- 1. ANITHA L., WORKING AS LAB TECHNICIAN, COSMOPOLITAN HOSPITAL, PTTAKUZHAI, PATTOM P.O., THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ```````````````````````````````````````````````````` Crl.M.C. No. 1769 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R This application under section 482 Cr.P.C. filed against the impugned order under which an application filed under section 311 Cr.P.C. to re-open the case for evidence and to call a witness in a prosecution under section 138 of the Negotiable Instruments Act was turned down/refused by the learned Magistrate. 2. It is not necessary for me to embark on a detailed discussion on merits of the said order. Suffice it to say that the said order must be reckoned as a non-revisable order. Compelling reasons are not shown to resist to invoke the powers under section 482 Cr.P.C. against the said order. The petitioner shall be at liberty to challenge the said order, if necessary, along with the final order to be passed in the prosecution under section 138 of the Negotiable Instruments CRMC.1769/08 : 2 : Act. 3. Reserving the right of the petitioner to challenge the impugned order if the same be necessary along with the final order to be passed in the prosecution, this petition under section 482 Cr.P.C. is dismissed. I may hasten to observe that I am not expressing any final opinion on merits on the acceptability of the impugned order. (R.BASANT, JUDGE) aks