THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.394 OF 2011 ORDER: 1 Petitioner being the accused is facing trial in C.C.No.182 of 2008 on the file of the court of the learned Judicial Magistrate of I Class, Godavarikhani, Karimnagar District, for the offence punishable under section 138 of Negotiable Instruments Act. During the pendency of the said case, he filed an application i.e. Crl.M.P.No.665 of 2010 under section 45 of the Evidence Act requesting the court to send certain documents viz., Cheque bearing No.0553955 dated 10.03.2008, postal acknowledgement card dated 31.3.2008 and the admitted signature of the petitioner on the Memo of appearance to the finger print expert to ascertain the truth and genuineness of the said documents. The court below having considered the submissions made by the petitioner allowed the said application and directed the petitioner to deposit Rs.5,000/- towards the fee for sending the said documents to the Forensic Science Laboratory by its order dated 14.6.2010. The court below further observed that the said amount shall be deposited on or before 25.06.2010. Despite the said direction, the petitioner had not produced the documents, which are sought to be sent to the expert. In those circumstances, the court below passed an order on 26.11.2010 dismissing the said application for non compliance of the said order. The same is questioned in this petition. 2 Heard. 3 In my considered view, the court below is justified in dismissing the said application. When once the court below directed the petitioner to deposit the money as well as the documents to send the same to the expert, the petitioner should have deposited the said documents before the court. But, the petitioner did not do so. Hence, I see no merits in this petition and accordingly the same is dismissed. However, as the petitioner now submits that he is ready to deposit the said documents, he may approach the court below and move an application requesting the court to send the said documents to the expert, so that, the court below can pass appropriate orders. -------------- 21.01.2011 Kvsn