KAMAL KISHORE (BELDAR) Vs. DEVINDER KUMAR

JUDGEMENT

(1.) The present petition filed under Sec. 482 Crimial P.C. is for quashing of impugned order dated 26.3.2013 passed by learned Additional Sessions Judge, Pathankot, vide which the Court held order dated 5.10.2012 passed by learned Judicial Magistrate Ist Class, Pathankot, interlocutory order and further for quashing of order dated 5.10.2012 passed by learned Judicial Magistrate Ist Class, Pathankot in complaint case No.151, dated 17.5.2010, Annexure P3, whereby application of the accused under Sec. 45 of the Evidence Act for determination of age of ink of the signature of the applicant on cheque was dismissed.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the orders passed by learned Courts below.

(3.) Briefly stated, complaint under Sec. 138 of the Negotiable Instrument Act was filed by respondent against present petitioner. Evidence of respondent already recorded. Case was at the stage of recording of evidence of present petitioner when the present application was moved. Perusal of application, Annexure P2, shows that the same is a vague one. It has been mentioned that cheque in question be sent to some expert to determine the age of ink of signatures of petitioner without specifying as to where the cheque is to be sent, who was to examine the cheque and who was to give report and who was to be examined in the Court. Sufficient reasons have been given by learned trial Court dismissing the application of petitioner-accused.