MEHINDER SINGH SULLAR, J. - (1.) CHALLENGE in this petition, by the petitioner, is to impugned order dated 11.1.2010 (Annexure P-4) whereby the Magistrate has dismissed his application and refused to send the cheque in question to the Government Laboratory for the purpose of ascertaining the age of its ink and other particulars.
(2.) THE conspectus of the facts relevant for disposal of instant petition and emanated from the record is that Fouz Kumar son of Bhag Singh (complainant-respondent) filed a criminal complaint against the petitioner under Section 138 of Negotiable Instruments Act, 1881 (for short, 'the Act'), inter-alia, pleading that Cheque dated 16.3.2009 (Annexure P-2) for a sum of Rs. 1,25,000/-issued by the petitioner in discharge of his existing liability was dishonoured and he is liable to be punished under Section 138 of the Act. During the course of the trial, petitioner moved an application (Annexure P-3) in which it was claimed that the complainant has filed a frivolous complaint claiming that cheque in question was issued on 16.3.2009 but infact the petitioner had borrowed a financial assistance of Rs. 30,000/- from the complainant about 10-12 years ago and at that time, he had handed-over one blank signed cheque as a security of the said loan. The Trial Court dismissed the application of the petitioner vide impugned order, Annexure P-4.
(3.) PETITIONER did not feel satisfied and preferred the present petition challenging the impugned order (Annexure P-4) invoking the provisions of Section 482 Cr.P.C.;