- (1.) The contour of the facts & material, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, initially, complainant D.S.Malik respondent No.2 (for brevity "the complainant") filed a complaint (Annexure P1) against petitioner-accused Dinesh Kumar Khanna under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the NI Act") as amended by the Banking, Public, Financial Institutions and Negotiable Instrument Laws (Amendment) Act, 2002 (55 of 2002) and section 420 IPC in the Court of JMIC Gurgaon.
(2.) Having concluded the evidence of complainant, when the case was listed for defence evidence, then, the petitioner-accused moved an application (Annexure P2) to send the cheques to Director, Forensic Science Laboratory (for short "the FSL"), Hyderabad to examine and to report about the age of ink used in writing on the cheques in question.
(3.) The application was dismissed by the trial Court, by way of impugned order dated 16.7.2012 (Annexure P3).;