BANWARI LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Banwari Lal Sharma has preferred this misc. petition under section 482 Crimial P.C. against the impugned order dated 24.06.2015 passed by learned Additional Sessions Judge No.20, Jaipur Metro Head quarter Chomu, in criminal revision petition No. 15/15 (Banwari Lal Vs. State of Raj. & Anr.) whereby leaned Additional Sessions Judge dismissed the revision petition and affirmed the order dated 11.02.2015 passed by the learned Additional Chief Judicial Magistrate No. 22, Jaipur Metropolitan, Head quarter Chomu in case No. 1689/2013 (Kailash Chand Vs. Banwari Lal Sharma) by which learned Magistrate rejected the application of petitioner accused for sending the cheque for ascertaining the hand writing on disputed cheque by FSL.

(2.) The brief facts of the case are that a criminal complaint is pending against the petitioner accused before learned Additional Chief Metropolitan Magistrate No.22, Jaipur Metropolitan, Head quarter Chomu f or dishonouring of cheque amount of Rs. 11,50,000/ . During pendency of trial. Petitioner accused moved an application under section 45 of Indian Evidence Act read with Sec. 273(2) of Crimial P.C. for sending the cheque in question to FSL for ascertaining the handwriting which was dismissed by the learned trial court with cost of Rs. 200/ - vide order dated 11.02.2015 (Annexure -2), the said order assailed in revision petition which was also resulted into dismissal vide impugned order dated 24.06.2015 (Annexure -1):

(3.) Aggrieved by both these orders, petitioner accused preferred this misc. petition before this court.