M BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the N.I Act. The trial has started and the matter is at the defence stage now. At the defence stage, the petitioner wanted the cheque to be sent to the expert for comparison of signature. The learned Magistrate by the impugned order has rejected the prayer. The petitioner has hence come to this Court with this Crl.M.C.

(2.) A revision petition is not maintainable, the order impugned being an interlocutory order. Normally the petitioner must therefore wait to challenge the order along with the final order/judgment, which is to be passed in the prosecution under Section 138 of the N.I Act. The petitioner has rushed to this Court with this petition under Section 482 Cr.P.C to assail the order passed by the learned Magistrate.

(3.) I shall scrupulously avoid any expression of opinion which would prejudice the interests of the petitioner and disable him to challenge the impugned order, if necessary along with the judgment to be passed in the prosecution by the learned Magistrate. I shall confine myself to the consideration whether powers under Section 482 Cr.P.C can, need or ought to be invoked in favour of the petitioner at this stage to interfere with the impugned order.