IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6023 of 2009(Q)
1. SRI.KALADHARAN K.K., I-B, JOMER
... Petitioner
Vs
1. SRI.BIJU SREEDHARAN NAIR,
... Respondent
For Petitioner :SRI.JOHN K.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/02/2009
O R D E R
M.N. KRISHNAN, J
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W.P.(C)No. 6023 OF 2009
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Dated this the 25th day of February, 2009
JUDGMENT
This petition is filed for a direction to the Judicial Magistrate
of First Class -IV Ernakulam to reconsider Ext. P1 petition after
setting aside Ext. P2 order. Ext. P1 application is one for sending
the cheques Exts. P1 and P2 in the case for an opinion of a
handwriting expert. Unfortunately the complainant was not
represented and as there was no representation, it was
dismissed. The learned counsel would submit that it was not an
intentional laches, but though the matter was entrusted to a
junior lawyer, he did not represent and that resulted in the
dismissal of the petition. I think interest of justice requires
consideration of that Ext. P1 application on merits.
Therefore I set aside Ext. P2 order and I direct the learned
Magistrate to consider Ext. P1 application in accordance with law.
M.N. KRISHNAN,JUDGE
vkm