IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3831 of 2008() ------------------------- AGAINST THE ORDER DATED 23/09/2008 IN CRMP 3770/08 CRMP 3771/08 IN ST.213/2005 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ---------------------- ASHOK PAWAR, S/O. MAHADEV PAWAR, GOVINDA VILASAM, VETTIPURAM, PATHANAMTHITTA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SAMUEL MATHEW, KAMBARATHIL HOUSE, T.C.X/493, MUKKOLACKAL, ULLOOR VILLAGE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3831 of 2008 ---------------------------------------- Dated this the 15th day of October 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The signature in the cheque is admitted. The contention is that the cheque was handed over as a blank signed cheque as security to a totally different person. The cheque was dishonoured on the ground of insufficiency of funds. Notice of demand was received; but significantly there was no response to the notice of demand. In the course of trial, specific questions were asked about the authorship of the other writings in the cheque (other than the signature). The complainant (the cross-examination has been read to me) specifically asserted that the writing in the cheque was not that of the accused or the complainant; but was that of a person who went along with the accused when he issued the cheque. Thus, even going by the evidence of the complainant, there is no assertion that the other entries in the cheque were made in the hand writing of the accused. Crl.M.C.No.3831/08 2 2. It appears that as many as six petitions were filed under Section 311 Cr.P.C by the petitioner/accused. Five of them have already been dismissed. By the impugned order, the sixth application was also dismissed by that application, the prayer was that the cheque may be sent to the expert for comparison. 3. What is the purpose of comparison by the expert. The learned counsel for the petitioner contends that an expert's evidence is required to confirm that the other entries in the cheque are not made in the hand of the accused. The complainant does not have such a case as can be seen from the answers given in cross-examination. The learned counsel for the petitioner/accused contends that there are certain statements in the complaint and in the chief affidavit which suggest that all the details in the cheque were entered by the accused himself. I have been taken through the relevant averments. I am of the opinion that in view of the categoric statement made by the complainant in the course of his cross-examination, there is no room for a contention that the hand writing in the cheque is that of the accused. To ascertain that undisputed fact, it is not at all Crl.M.C.No.3831/08 3 necessary to forward the cheque to the expert. It appears that the purpose is only to prolong and protract the proceedings. I am not persuaded to agree, in any view of the matter, that powers under Section 482 Cr.P.C can or ought to be invoked to interfere with the impugned order. 4. In the result, this Crl.M.C.is dismissed. I may hasten to observe that I have not intended to express any opinion on merits; but I have only chosen to hold that powers under Section 482 Cr.P.C do not deserve to be invoked to quash the impugned order. 5. The learned counsel for the petitioner prays that there may be a direction to the court below to invoke the powers under Section 73 of the Evidence Act to compare the handwritings. I do not think that any specific directions need be issued. The petitioner can raise that request before the court below. (R.BASANT, JUDGE) jsr Crl.M.C.No.3831/08 4 Crl.M.C.No.3831/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008