RANJEET BATWANI Vs. VINOD KUMAR HOTWANI

JUDGEMENT

(1.) This misc. petition under Sec. 482 Crimial P.C. is directed against the order dated 05.02.2011 passed by the learned Special Judicial Magistrate, N.I. Act Cases, Kota(hereinafter referred to as the Trial Court) in Criminal Case No. 63/2010, whereby the learned Trial Court has rejected the application filed by the petitioner for sending the document to handwriting expert.

(2.) Briefly stated the facts of the case are that a complaint was filed before the Court of Additional Chief Judicial Magistrate, No. 5, Kota under Sec. 138 of the Negotiable Instruments Act. On the said complaint, the learned Magistrate took the cognizance and framed the charge and proceeded with the trial of the case. During the course of the trial, the accused-petitioner filed an application on 21.01.2011 before the Trial Court praying therein that the cheque in dispute be sent to the handwriting expert to ascertain that the signature made on the cutting on the cheque is of the accused-petitioner or somebody else. Learned Trial Court vide impugned order dated 05.02.2011 rejected the application filed by the petitioner. Feeling aggrieved by the order dated 05.02.2011 passed by the learned Trial Court, the petitioner has preferred this misc. petition before this Court under Sec. 482 Cr.P.C.

(3.) Heard learned counsel for the petitioner as well as learned counsel for the respondent and perused the impugned order passed by the learned Trial Court.