Mr. Vijay Bishnoi, J. - (1.) This criminal misc. petition has been filed by the petitioner while challenging the order dated 10.9.2015 passed by the Sessions Judge, Bikaner (hereinafter referred to as 'the revisional court') in Criminal Revision No.339/2015 whereby the revision petition filed by the petitioner has been dismissed. In the said revision petition, the petitioner had challenged the order dated 29.1.2015 passed by the Judicial Magistrate, (N.I. Act Cases No.1), Bikaner (hereinafter referred to as 'the trial court') in Regular Criminal Case No.2407/2009 whereby the application filed by the petitioner for sending the cheque to the Forensic Science Laboratory for examination by the handwriting expert was rejected.
(2.) The proceedings under Section 138 of the Negotiable Instrument Act are pending against the petitioner before the trial court. In the said proceedings, the complainant has alleged that the petitioner had handed over him a cheque Exhibit P/3 in lieu of repayment of some loan amount and when the said cheque was presented before the concerned Bank, the same was not honoured.
(3.) Learned counsel for the petitioner has submitted that since beginning, the defence of the petitioner is that though the cheque Exhibit P/3 contains the signature of the petitioner, but the amount and other entries in the cheque were not made by him. It is argued that the petitioner has also said in defence that the said cheque was stolen by one Shiv Kumar, who happened to be the relative of the complainant and Shiv Kumar handed over the said cheque to the complainant, who, after filling the cheque, submitted it in the Bank. It is submitted that if the cheque in question is sent to the handwriting expert, truth would come out whether the entries made in the cheque were made by the petitioner or not. It is further argued that the courts below have not considered the said aspect of the matter and illegally rejected the prayer of the petitioner and passed the impugned orders against the settled principles of law. It is, therefore, prayed that the impugned orders may kindly be quashed and the trial court be directed to send the cheque Exhibit P/3 for examination by the handwriting expert of Forensic Science Laboratory.;