Vijay Bishnoi, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 22.10.2016 passed by the Sessions Judge, Bhilwara (hereinafter referred to as the revisional court), whereby the Criminal Revision Petition No.187/2016 preferred on behalf of the petitioner has been dismissed.
(2.) The aforesaid criminal revision petition was filed by the petitioner against the order dated 16.9.2016 passed by the Special Judicial Magistrate, N.I. Act Cases No.1, Bhilwara (hereinafter referred to as the trial court) in Criminal Regular Case No.959/2015, whereby the application filed by the petitioner under Section 45 of the Indian Evidence Act with a prayer for sending the cheque in question for examination to the hand writing expert has been dismissed.
(3.) Brief facts of the case are that the petitioner is facing proceedings under Section 138 of the N.I. Act initiated at the instance of the respondent. The respondent has claimed in the complaint under Section 138 of the N.I. Act that the petitioner took a loan of rupees eight lakhs from him and for the repayment of the said loan, he has given a cheque of Oriental Bank of Commerce, Branch Bhilwara to him. It is alleged that when the respondent presented the said cheque for realization in the Bank, the same was returned by the Bank with a remark 'payment stopped by the drawer'. The respondent has thereafter served a notice upon the petitioner, however, despite service of notice, when the petitioner has not repaid the loan, the respondent has filed a complaint against the petitioner. In response to the notice issued by the trial court, the petitioner had appeared before the trial court in January, 2016 and thereafter on 9.9.2016, has filed an application under Section 45 of the Indian Evidence Act while alleging that the writings as well as the signatures on the disputed cheque was not of him and therefore the same may be sent for examination to the hand writing expert.;