THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.246 of 2011 JUDGMENT: This revision is directed against the order dated 16.3.2009 passed in Crl.M.P.No.2510 of 2008 in C.C.No.1195 of 2007 by the III Additional Judicial First Class Magistrate, Kothagudem. The petitioner, who is the accused in the above C.C., is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act. During the course of trial, it appears that the petitioner-accused filed an application under Section 45 of the Indian Evidence Act seeking to send the cheque in question to an expert to find out as to whether there is any material alteration in the year of the cheque or not. However, the said application was dismissed by the learned Magistrate by the order impugned herein. Heard and perused the material available on record. Having looked at the allegations in the complaint and also the order impugned, this Court is of the view that there cannot be any doubt with regard to the year of the issuance of the cheque for the reason that the transaction between the parties took place on 12.7.2004, on which date, the said amount was paid and a promissory note was also executed. In those circumstances, this Court is of the view that it is not necessary for the Court below to send the cheque to ascertain as to the alternation of the year in the cheque in question. Accordingly, the Criminal Revision Case is dismissed. _____________________________ JUSTICE GOPALA KRISHNA TAMADA 8th March 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.246 of 2011 8.3.2011