ORDER :

1. The petitioner is the accused in the case C.C No. 953/2017 on the file of the Court of the Judicial First Class Magistrate (N.I Act Cases), Ernakulam.

2. The aforesaid case is instituted upon the complaint filed by the second respondent against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

3. When the case reached the stage of defence evidence, the petitioner filed an application as Crl.M.P No. 10420/2018 in the trial court for sending the cheque to the Forensic Science Laboratory, Thiruvananthapuram to obtain opinion regarding the handwriting of the entries in the cheque.

4. The second respondent filed objection to the aforesaid application contending that the intention of the petitioner was only to protract the case and to cause delay in the disposal of the case.

5. As per Annexure-A order, the learned Magistrate dismissed the application filed by the petitioner for sending the cheque for the opinion of the expert. The legality and the propriety of the aforesaid order are challenged in this petition filed under Section 482 Cr.P.C.

6. Heard the learned counsel for the petitioner and also the first respondent.

7. The petitio