- (1.) Heard.
(2.) The present misc. petition has been filed by the petitioner who is facing trial in the Court of Judicial Magistrate First Class, Pilibanga in Criminal Case No.450/2006 for the offence under Section 139 of the Negotiable Instruments Act, 1881. The petitioner filed an application in the trial court praying that the disputed cheque on the basis of which complaint has been filed should be sent for examination to the handwriting expert as he disputes the signature on the cheque. The said application has been rejected by the trial court vide order dated 5.3.2010. The petitioner challenged the said order by way of revision which has also been dismissed by learned Additional Sessions Judge (FT) No.3, Hanumangarh vide order dated 23.12.2010 and accordingly, the present misc. petition has been filed by the petitioner praying that the cheque should be directed to be sent for examination by handwriting expert as it is essential for his defence.
(3.) I have perused the order impugned as well as statement of the complainant recorded at the trial. In this matter, the complaint was filed in the year 2006. The statement of the accused under Section 313 Cr.P.C. has been recorded by the trial court on 12.6.2007 and the defence evidence was closed on 5.11.2008. Thereafter, the accused filed a revision for reopening of his defence and acting on the revisional court's order for reopening the defence, opportunity to lead defence was given to the accused which was again completed on 17.8.2009 and thereafter, on 16.1.2010, an application was filed for sending the cheque for examination by the handwriting expert.;