1. The petitioner/accused maintained the revision impugning the dismissal order of the learned Magistrate dated 26.11.2016 in Crl. M.P. No. 276 of 2016 in C.C. No. 485 of 2013, a case under Section 138 of the Negotiable Instruments Act, during trial sought for sending under Section 45 of the Evidence Act (for short ‘the Act’) Exs.P1 and P2, the so called cheques to the expert to determine the age of the ink.

2. It is based on the defence that the cheques were given in the year 2007 and those were time barred for not encashed and presented for encashment within six months therefrom and those were presented by altering or tampering the dates making as if given on the respective date and month of the year 2012, after more than 6 years and thereby the documents are to be send to the handwriting expert for comparison and determination of age of the writings. The same was since opposed on various grounds of the same is a false defence plea and an afterthought and no purpose be served having not disputed the signatures and cheques routed from his account and nothing to rebut.

3. Heard both sides and perused the material on record.

4. Undisputedly from the hearing of the matter at l