S. B. CRIMINAL MISC. PETITION NO. 1285/2008 SALEEM KHAN V. THE STATE OF RAJASTHAN & ANOTHER. DATE OF ORDER : 04-11-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. R.K.Charan, for Petitioner (s) Mr. O. P.Rathi, P.P., for the State. Learned Public Prosecutor accepts notice on behalf of the State. Petitioner, on complaint of respondent No.2, is facing trial for the offence of Section 138, N.I.Act, and his application for examination of cheque by handwriting expert is dismissed by the Magisterial Court, which order affirmed in revision - preferring this petition, petitioner requests for allowing his application for examination of cheque by handwriting expert. Learned counsel for the petitioner argued that handwritings on the cheque other than signatures are not of the petitioner, so examination by expert is essential for proper defence. Argued that unless specific reasons are, such application for examination by handwriting expert ought to be allowed. In support of his contention, reliance is placed on 2006 (1) Cr.L.R. (Raj.) 158, Mallu Ram @ ManiRam & Others v. Kashiram & Others. Learned Public Prosecutor, opposing, stated that grounds for rejection of application are in the order. Considered and perused the order. As per order of learned Magistrate, complainant stated something about this writing in his cross- examination – in order of revisional court is mentioned that the trial Court can compare hand writings and that defence evidence is to follow. Looking to above aspect of the matter, and what appears, as mentioned in the cross-examination of the complainant about writing and also the observation by the revisional Court, no interference by order under Section 482, Cr.P.C., is made out. As observed above by revisional Court, the writing can be examined by the trial Court. Suffice it to mention that on examination or on any new material, appropriate order can be passed by the trial Court as per procedure, law and facts. The petition is dismissed. (C.M.TOTLA), J.