Vijay Bishnoi, J. - (1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 10.3.2014 passed by the Additional Chief Judicial Metropolitan Magistrate, CBI Cases Jodhpur (hereinafter referred to as 'the Trial Court') in Original Case No. 476 of 2011, Shail Trading Company v. M/s. Miyan Commission Agent , whereby the application filed by the petitioner under Section 45 of Evidence Act has been rejected.
(2.) The Trial Court has rejected the said application of the petitioner while observing that the petitioner has not produced any documents in relation to his allegation that the cheque in question has been misused. It is also observed by the Trial Court that the petitioners has also not produced any document in relation to the other cases said to have been pending in respect of the cheque in question and, therefore, in such circumstances, there is no need to sent the cheque in question for examination in the FSL.
(3.) Learned Counsel for the petitioner while assailing the order dated 10.3.2014 has submitted that all the documents relating to the pending litigation between the petitioner and the respondent No. 2 are placed on record before the Trial Court however, the documents are photocopies of the original and therefore, the Trial Court has not considered those documents and has wrongly observed that no documents in support of allegation of misuse of cheque has been filed;