- (1.)APPLICANT/accused has filed this petition under Section 482 of the Cr. P. C. against the order dated 9. 1. 2004 in Criminal Revision No. 23/2004 passed by Additional Sessions Judge, Indore confirming the order of the Judicial Magistrate, First Class, Indore in Criminal Case No. 1262/2003 whereby the learned Trial Court has refused the permission to the applicant accused to adduce the further evidence in the defence.
(2.)RESPONDENT/complainant has filed a criminal complaint under Section 138 of the Negotiable Instruments Act in respect of he Cheque bearing No. 18379 for Rs. 3,40,000 alleged to have been given by the applicant on 13. 2. 2002 drawn on Indore Cloth Market Cooperative Bank Ltd. , Sitlamata Branch, Indore. That the learned Trial Court has recorded the evidence of the complainant and the statement of the applicant accused under Section 313 of the Cr. P. C. on 28. 3. 2003. Thereafter the case was fixed for the defence evidence on 3. 5. 2003. That on 26. 12. 2003 the accused has examined 3 witnesses in his defence and the accused has made the prayer to examine the handwriting expert to prove that the ink of the cheque bearing No. 18379 is very old and not of the year 2002. The application of the applicant for examining the handwriting expert to prove the age of the ink was rejected on 27. 12. 2003.
(3.)THE applicant has filed the revision against the order dated 27. 12. 2003 wherein the prayer of the applicant to examine the handwriting expert to prove the age of the ink was rejected. The Revisional Court has confirmed the order of the learned Trial Court and dismissed the revision.