RAGHUVENDRA S.RATHORE, J - (1.) AS agreed between both the parties, the matter was heard on the last date and.it was kept for orders today.
(2.) THE petitioner has filed this miscellaneous petition against the order dated 22.4.2009, whereby the learned Magistrate dismissed the application filed by him to send the cheques in question for examination by the Handwriting Expert at the Forensic Science Laboratory. Feeling aggrieved of the said order, the petitioner preferred a revision petition but without any success as the same was also dismissed on 19.5.2009. The facts of the case, in nut-shell, are that non-petitioner No. 1 had filed a complaint against the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act. It was stated in the complaint that on 10.9.2004, petitioner borrowed Rs. 2,00,000/- from the complainant and for the return of the same, he had given two cheques bearing No. 875039 dated 24.8.2005 for a sum of Rs. 1,50,000/- and the second cheque bearing No. 460407 dated 29.8.2005 for a sum of Rs. 50,000/-. Further, it was mentioned in the complaint that the said cheques were dishonoured. On filing of the complaint, the learned Trial Court took cognizance and summoned the petitioner. After appearance before the learned Trial Court, the petitioner filed an application on 10.9,2007 stating that cheque No. 875309 had been stolen in the month of December, 2004 and an information in this regard was given to the Bank. It was also stated that as the cheque, except the signature, was not filled up by the petitioner so the same be sent for examination of the Handwriting Expert to find out as to who had made the entries in it.
(3.) THE said application was contested by the respondent by way of filing a reply. He had prayed that the said application be dismissed. After hearing the parties, the learned Magistrate dismissed the application, by the impugned order dated 22.4.2009. Being aggrieved of the said order, petitioner preferred a revision petition before the Sessions Judge, Bharatpur and that too was dismissed.;