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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JIJIN PRAKASH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks expert opinion under ni act. (Para 2) |
| 2. legal arguments and court's observation regarding procedural fairness. (Para 3 , 4) |
| 3. dismissing requests for expert opinions without evidence. (Para 5) |
JUDGMENT
This original petition is filed with following prayers:
i. To set aside Exhibit-P4 order and allow Exhibit-P3 petition ii. To grant such other and further reliefs as this Hon’ble court may deem fit and proper in the facts and circumstances of the case.
(SIC)
2. Petitioner is the accused in ST No.5277/2023 on the file of the Judicial First Class Magistrate Court-I, Kottayam. It is a prosecution initiated against the petitioner by the 2nd respondent under Section 138 of the Negotiable Instruments Act (for short, NI Act). The petitioner filed an application for expert opinion to compare the hand writings and signature of the petitioner in the cheque with that of the vakkalath nama filed in that case. The same is rejected by the learned Magistrate as per Ext.P4 order. Aggrieved by the same, this original petition is filed.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I also heard that the learned counsel for the 2nd re
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