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2025 Supreme(Online)(Ker) 53360

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MATHEW K.V – Appellant
Versus
LESLIN MICHAL A.L – Respondent
OP(CRL.) NO. 530 OF 2025|ST NO.234 OF 2019



Advocates:
For the Appellants/Petitioners: SRI.K.S.SREERAJ, SRI.JEEMON P.ABRAHAM, SRI.J.RAMKUMAR, SMT.RHEA ELSA SHERY ABRAHAM
For the Respondents: SRI.JAWAHAR JOSE

The court emphasized compliance with procedural orders under the Negotiable Instruments Act in criminal proceedings.

Headnote:The case revolves around a petition filed under Section 138 of the Negotiable Instruments Act, 1881 concerning compliance with an earlier order allowing the production of documents with the respondent's wife's signature for forensic examination. The trial court was directed to proceed in accordance with the law upon receipt of these documents. Issues of compliance and procedural law were central to the court's consideration. The original petition was disposed of with directions regarding evidence submission.

Table of Content
1. accused petitions for document production in compliance with a court order. (Para 1 , 2)
2. counsel for the respondent confirms document production commitment. (Para 3)
3. trial court mandated to proceed with the case post document production. (Para 4)

J U D G M E N T

The petitioner is the accused and respondent is the complainant in a proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’) pending before the Judicial First Class Magistrate Court-III, Cherthala (for short ‘the trial court’) as S.T. No.234/2019.

2. The petitioner filed a petition to direct the respondent to produce the document containing the signature of his wife subscribed in the year 2009 so as to send the same for forensic examination. The said petition was allowed as per Ext.P7 order. The grievance of the petitioner is that the respondent did not comply with Ext.P7 order. He has approached this Court with a prayer to give a direction to the trial court to ensure the production of the documents containing the admitted writings and signatures of the wife of the respondent who was examined as DW3 during the year 2009 in compliance with Ext.P7 order.

3. I have heard Sri.K.S. Sreeraj, the learned counsel for the petitioner and Sri.Jawahar Jose, the learned counsel for the respondent.

4. The learned counsel for the respondent submitted that the respondent would be producing the documents containing the signature of DW3 during the period 2008 and 2013 before the trial court tomorrow. On receipt of these documents, the trial court is directed to proceed with the case in accordance with law.

This original petition is disposed of as above.

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