P.K. Lohra, J. - (1.) Petitioner has preferred this misc. petition under Section 482 Cr.P.C. to challenge the impugned order dated 18.01.2016 passed by Additional Session Judge No. 2, Jodhpur Metropolitan (for short, 'learned revisional Court'), whereby learned revisional Court has upheld the order dated 31.10.2015 passed by Special Metropolitan Magistrate (N.I. Act Cases) No. 9 Jodhpur Metropolitan (for short, 'learned trial Court').
(2.) The learned trial Court, on a complaint case under Section 138 of Negotiable Instruments Act, 1881 (for short, 'Act') made on behalf of respondent, proceeded with trial against the petitioner. At the threshold cognizance was taken against the petitioner and then substance of accusation was made out to him. The respondent-complainant closed his evidence on 07.10.2013 and thereafter statements of accused-petitioner were recorded under Section 313 Cr.P.C. on 13.06.2014. After recording statements of the accused-petitioner, he was granted umpteen opportunities to produce his evidence in defence but no evidence was produced by him, therefor, the learned trial Court proceeded to close defence evidence by its order dated 21.05.2015. Faced with this situation, the petitioner laid an application before the learned trial Court under Sections 45 and 73 of the Indian Evidence Act, 1872 for sending the disputed cheque for FSL examination, as according to the petitioner, his signatures on the cheque are forged one.
(3.) The learned trial Court, after considering the submissions made by both the parties, declined the prayer by its order dated 31.10.2015. Learned trial Court has also found that prima facie, genuineness of signatures can also be ascertain by the Court itself, and therefore, at such a belated stage, it is not desirable to send the cheque for FSL examination.;