IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1388 of 2009()
1. M.E. SHAMSUDHEEN, AGED 50 YEARS,
... Petitioner
Vs
1. THOMAS PAILE, S/O. PAILE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/04/2009
O R D E R
THOMAS P.JOSEPH, J.
= = = = = = = = = = = = = = = = = = = = = = = =
CRL. M.C. No.1388 of 2009
= = = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 21st day of April, 2009
O R D E R
————–
Heard learned counsel for the petitioner and learned Public
Prosecutor who took notice for respondent No.2.
2. Petitioner is challenging Annexure A4 order dated 7.3.2009
of the court below refusing to send the cheque to the expert to
ascertain the age of the writings therein. Petitioner submits that
learned Magistrate, by the impugned order has refused an opportunity
to the petitioner to adduce evidence in support of his contention.
3. I have gone through the order. Case now set up by the
petitioner is that the cheque in question was issued during the year
1993 and that respondent No.1 who stealthily got the cheque filled up
and presented the same. Learned Magistrate observed that no such
suggestion was put to respondent No.1 when he was examined as
P.W.1 and even when P.W.2, Manager of the Bank was examined.
Petitioner had no such case till the examination of D.W.1. It is not the
case of the petitioner that any reply was given to the statutory notice
intimating him about the dishonour of the cheque. It is not as if
whenever there is a prayer for sending the cheque to the expert that
request has to be acceded to. In the facts and circumstances of the
CRL. 1388 of 2009
-: 2 :-
case learned Magistrate was justified in refusing the prayer made by
the petitioner. There is no illegality or irregularity in the order
impugned requiring interference by this Court,
Crl. M.C. is dismissed.
THOMAS P.JOSEPH, JUDGE.
vsv
THOMAS P.JOSEPH, J.
===================
S.A. NO. OF 2001
===================
J U D G M E N T
APRIL, 2009