MANOJ KUMAR VYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 24.12.2016 passed by the learned Additional Sessions Judge No.2, Jodhpur Metropolitan in Revision Petition No.10/2016 and NCV No.209/2016, rejecting the revision petition as well as the application filed by the petitioner, pending trial in Special Court, Negotiable Instruments Act Cases No.3, Jodhpur Metropolitan under Section 138 of the Negotiable Instruments Act.

(2.) Learned counsel for the petitioner has submitted that the petitioner is seeking age of the cheque and ink on the cheque through the report of the Foresic Science Laboratory, so as to make out a case that if the cheque is more than three months old, then the provisions of Section 138 of the Negotiable Instruments Act shall not apply.

(3.) Learned counsel for the petitioner has placed reliance on the precedent law laid down by the Hon'ble Apex Court in S.Rama Krishna v. S. Rami Reddy and Ors., reported in 2008(3) CJ (SC) Cr. 867 as well as by this Court in Bhagwati Lal v. State of Rajasthan and Anr., reported in 2013(2) NIJ (Raj.) [NOC].