Nisha Gupta, J - (1.) This Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 21.7.2012 whereby the court below has rejected the application for sending the cheque to the FSL.
(2.) The short facts of the case are that complainant lodged a complaint under Section 138 of Negotiable Instruments Act (in short NI Act) against present petitioner and proceedings are going on. Present petitioner moved an application that on cheque, her signature have been forged, hence an opinion from Forensic Science Laboratory be called which was rejected, revision against which has also been dismissed.
(3.) The contention of the petitioner is that the court below has dismissed the application on wrong facts that he has not replied to the notice of the complainant whereas complainant himself has admitted in his cross-examination that he received reply of the notice and in reply to the notice, he has stated that on cheque, signatures are forged one, hence to prove his defence, report from Forensic Science Laboratory is essential. Per contra, the contention of the complainant is that reply to the notice has been given after filing of the complaint just to create a defence and no FIR has been lodged by the present petitioner for forgery, the court below has specifically narrated that after taking many adjournments for cross-examination of the complainant the application has been presented only to delay the proceedings.;