IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3964 of 2010()
1. U.V.VISWANATHAN, AGED 60 YEARS,
... Petitioner
Vs
1. P.BABU, AGED 59 YEARS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :28/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3964 OF 2010
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Dated 28th September, 2010
O R D E R
Petitioner, the accused in
S.T.1004/2007 on the file of Judicial First
Class Magistrate’s Court-I, Thamarassery taken
cognizance for the offence under Section 138
of Negotiable Instruments Act filed this
petition to quash Annexure-2 order passed by
the learned Magistrate in C.M.P.5367/2010, an
application to send Ext.P1 dishonoured cheque
to an expert.
2. Learned counsel appearing for the
petitioner was heard.
3. Annexure-2 order shows that
learned Magistrate dismissed the petition for
the reason that petitioner has not established
that there is any technique to ascertain the
2
age of the writings and also for the reason
that the petitioner has not produced a panel
of the experts to whom the cheque is to be sent
as sought for.
4. On hearing the learned counsel,
I do not find it necessary to quash Annexure-2
order. Petitioner is at liberty to file a fresh
application enclosing a panel of experts to
whom cheque is to be forwarded and satisfy the
Magistrate that there is sufficient technique
to ascertain the age of the writings. If such
an application is filed, learned Magistrate to
pass appropriate orders in accordance with law.
Annexure-2 order is not a bar for entertaining
the application.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.