HAREESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is preferred against the order dated 15.10.2018 in C.M.P.No.5115 of 2018 in C.C.No.2376 of 2013 on the files of the Judicial First Class Magistrate Court, Ambalappuzha (For short, 'the court below').

(2.) C.C.No.2376 of 2013, is a prosecution launched by the first respondent under Section 142 of the Negotiable Instruments Act, 1881 (for short 'the NI Act '). C.M.P No.5115 of 2018 was filed in the case by the petitioner under Section 311 of Code of Criminal Procedure, 1973 (for short ' Cr.P.C ') seeking to sent the disputed signature for expert opinion.

(3.) The petitioner had moved an application, as C.M.P.No.5115 of 2018 under Section 311 Cr.P.C seeking to reopen the evidence which was closed on 10.09.2018. The court below dismissed the application vide the order under challenge, a copy of which is produced alongwith this petition as Ext.P4. Aggrieved by the aforesaid order that the petitioner had approached this Court in the Original Petition seeking to set it aside.