Nisha Gupta, J. - (1.) This Misc. petition under Section 482 Cr.P.C., has been filed against the order dated 3.9.2012 passed by Judicial Magistrate No.3, Bundi in Cr. Case No. 116/2012 by which application moved by the petitioner for sending the cheque in question to handwriting expert has been dismissed.
(2.) The brief facts of the case are that petitioner is facing trial for the offence under Section 138 Negotiable Instruments Act (in short NI Act) in Cr. Case No.116/2012. The petitioner moved an application before the learned trial Court stating therein that the cheque in question was not given to the complainant by the petitioner against any outstanding amount however since there were business relations between the parties and cheque has been misused by the complainant which has not been filled up in the hand writing of the accused petitioner, hence the same may be verified through expert opinion which was rejected.
(3.) The only contention of the present petitioner is that his right of defence will be adversely prejudiced if expert opinion would not be called for.;