P V MUKUKNDAN Vs. RADHAKRISHNAN

JUDGEMENT

(1.) PETITIONER, the accused in C.C.No.624/2007 on the file of Judicial First Class Magistrate's Court, Koyilandy, taken cognizance for the offence under Section 138 of Negotiable Instruments Act, filed this petition challenging Annexure-6 order, whereunder, the prayer of the petitioner to send the dishonoured cheque to a private expert to verify whether the writings in the cheque, except the signature and the name were of 2007 and the others were of 1992, was rejected. PETITIONER had earlier filed C.M.P.No.2045/2010 to send the dishonoured cheque to Forensic Science Laboratory. It was sent. Forensic Science Laboratory reported that there is no scientific technique available to examine the age of the writings in the document. Therefore, by Annexure-3 order, that petition was dismissed. It is, thereafter, petitioner filed Annexure-4 petition to send the dishonoured cheque to a private expert. Annexure-5 e-mail received from a private handwriting expert, which shows that there are scientific procedure, though the results are not assured, in every case, is produced.

(2.) LEARNED counsel appearing for the petitioner was heard.