IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2435 of 2009() ------------------------------------ CMP.3654/2009 IN C.C.194/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, SASTHAMCOTTA .................... PETITIONER/ACCUSED --------------------------------- IBRAHIMKUTTY, AGED 54 YEARS, SULPHIKKAR MANZIL, VENGA P.O., MYNAGAPPALLY VILLAGE, KUNNATHOOR, KOLLAM. BY ADV. MR.SOORANAD S.SREEKUMAR RESPONDENT/COMPLAINANT ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ARAVINDAKSHAN PILLAI, S/O.MADHAVAN PILLAI, MADHAVA MANDIRAM, VENGA P.O., MYNAGAPPALLY VILLAGE, KUNNATHOOR, KOLLAM. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2435 of 2009 -------------------------- ORDER Petitioner, the accused in C.C.No.194/2005 on the file of Judicial First Class Magistrate's Court, Sasthamcotta, filed this petition under Section 482 of Code of Criminal Procedure challenging Annexure-II order dated 23.5.2009 passed by the Magistrate dismissing the petition filed for sending the dishonoured cheque to an expert to ascertain the age of the cheque. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel appearing for the petitioner, relying on the decision of the Apex Court in Nagappa v. Muralidhar (2008 (3) KLT 158), submitted that it is for the accused to decide in what mode the defence case is to be proved and not for the court or the complainant to dictate and hence, learned Magistrate should not have dismissed the CRMC 2435/09 2 petition. 4. On hearing the learned counsel, I find no reason to interfere with Annexure-II order at this belated stage. Being an interlocutory order, petitioner is entitled to challenge the same along with the final order, if it goes against him. Petition is dismissed. 11th August, 2009 (M.Sasidharan Nambiar, Judge) tkv