SANDEEP JINDAL Vs. RAM GIR THAKRAN

JUDGEMENT

(1.) Accused Sandeep Jindal has filed this petition under Section 482 of the Criminal procedure Code (in short - Cr.P.C.), assailing order dated 06.03.2013 (Annexure P-6), passed by Judicial Magistrate, thereby dismissing application (Annexure P- 4), moved by the accused for sending the cheque in question to Forensic Science Laboratory (FSL) for determining the age of ink.

(2.) Respondent-complainant has filed complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging dishonour of the cheque in question issued by petitioner-accused. The petitioner, in application (Annexure P-4), alleged that he along with complainant and his son was carrying on business of property in the year 2006-07. The complainant had issued 3-4 signed cheques, in which the amount had also been filled, but the columns of date and payee's name were left blank. Complainant subsequently filled the said columns. Accordingly, prayer has been made for sending the cheque to FSL to determine the age of aforesaid writing in the cheque. Complainant, by reply (Annexure P-5), resisted the applica- tion. The trial Magistrate, vide order Annexure P-6, has dismissed the said application. Feeling aggrieved, accused has filed this petition.

(3.) I have heard counsel for the petitioner and perused the case file.