Vijay Bishnoi, J. - (1.) THIS Criminal Misc. Petition under Section 482 has been field by the petitioner against the order dated 17.07.2013 passed by the Additional Sessions Judge, Parbatsar, District Nagaur (hereinafter referred to as 'the revisional court') in Criminal Regular Case No. 37/2013 and the order dated 21.01.2013 passed by the Additional Chief Judicial Magistrate, Parbatsar, District Nagaur (hereinafter referred to as 'the trial court') in Private Complaint No. 263/2008.
(2.) THE revisional court has dismissed the revision petition filed by the petitioner and affirmed the order dated 21.01.2013 passed by the trial court. The trial court vide order dated 21.03.2013 has allowed the application filed on behalf of the petitioner under Section 219 Cr.P.C. and ordered for consolidation the Criminal Regular Case Nos. 179/2009 and 263/2008, however, the two separate applications filed by the petitioner in above mentioned criminal regular cases under Section 73 of Indian Evidence Act for sending the cheques for examination by hand writing expert has been rejected. Learned counsel for the petitioner has argued that the petitioner has immediately moved an application for sending the cheques in question to the hand writing expert for expert opinion, however, the trial court has rejected the said application in mechanical manner. It is also contended by learned counsel for the petitioner that the petitioner has lawful right to defend herself and the said lawful right cannot be curtailed. It is also contended by learned counsel for the petitioner that the petitioner had given a blank cheque to the complainant for the purpose of security and the complainant had filled the said cheque by his own handwriting and mentioned amount of Rs. 1,50,000/ - which was never paid to her by the complainant.
(3.) LEARNED counsel for the petitioner has placed reliance on the decision of the Hon'ble Supreme Court rendered in Kalyani Baskar v. M.S. Sampoornam reported in : (2007) 2 Supreme Court Cases 258 and prayed that the impugned order passed by the trial court and affirmed by the revisional court may kindly be dismissed.;