DEBI PROSAD DEY,J. - (1.) This is an application under section 481 read with section 482 of the Code of Criminal Procedure, 1973 for setting aside an order dated 20.11.2017 passed by the learned Judicial Magistrate, 1st Class, 5th Court, Howrah in Complaint Case No. 336C/2014 in a proceeding under section 138 of the Negotiable Instruments Act whereby and where under the learned Magistrate has rejected the application for sending the chaque to the expert for examination of the signature of the petitioner.
(2.) Learned advocate appearing on behalf of the petitioner contends that liberty may be given to the petitioner so that the petitioner may move an application in a later stage for examination of her signature by an expert.
(3.) It is apparent from the materials on record that the petitioner has been desperately fighting out to forestall the proceeding of the case and for that reason the petitioner has been penalised by awarding cost by the learned Trial Court on successive occasion and such orders have also been affirmed by this Court. It is popular defence in a case under section 138 of the Negotiable Instruments Act that the signature bearing on the cheque is not of the accused. Learned Trial Court has rightly rejected such application.;