1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Lilu Ram Vs. Lalit Kumar S.B.CR. REVISION PETITION NO.530/2007 DATE OF ORDER :: August 09, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Kailash Khatri, for the petitioner. BY THE COURT: By the instant criminal revision petition under section 397 read with section 401 Cr.P.C., the petitioner has challenged the order dt. 30.5.2007 passed by the Judicial Magistrate, Suratgarh, District Sri Ganganagar (for short `the trial court' hereinafter). On perusal of the order impugned, in my view, the petition can be disposed of even without notice to other 2 party. Before the trial court, the petitioner filed an application under section 45 of the Evidence Act seeking to get the cheque examined by the handwriting expert through Forensic Science Laboratory. The trial court dismissed the application on the ground that signature on the cheque has not been disputed by the petitioner. However, by order impugned, the trial court held that it is open for the petitioner to lead the evidence in defence with regard to the averments made in the cheque and posted the matter for final arguments. According to the learned counsel for the petitioner, the matter is fixed for final arguments on 20.8.2007 before the trial court. From perusal of the order impugned, it appears that the trial court granted liberty to the petitioner to lead the evidence in defence to controvert the averments made in the cheque in question. However, instead of affording an opportunity to the petitioner to lead the evidence in defence in order to controvert the averments made in cheque, posted the matter for final hearing. In this view of the 3 matter, let the petitioner move before the trial court seeking an opportunity to lead the evidence in defence as directed by the trial court on the next date and if the petitioner moves such an application, the trial court shall afford an opportunity to the petitioner to lead the evidence in defence and then hear the matter finally. With these directions, the revision petition stands disposed of. [H.R.PANWAR],J. m.asif/-