A.V. Potdar, J.

On the oral request, leave to add State as party respondent No. 2. Amendment to be carried forthwith. Learned APP accepts notice for respondent No. 2.

2. Rule was issued in this petition on 13.12.2010.

3. By this petition, under Article 227 of the Constitution of India, the petitioner-accused has challenged the order dated 20.06.2010 passed by JMFC, Jalna below Exhibit-46 in STC No. 466/2009, which is confirmed vide dated 16.09.2010 passed by learned Sessions Court in Revision Application No. 86/2010.

4. Such of the facts, as are necessary for the decision of this case, may briefly be stated thus –

Respondent No. 1 had filed complaint STC No. 466/2009, under section 138 of the Negotiable Instruments Act, against the present petitioner before JMFC, Jalna. The petitioner, in response to summons, had appeared in the said proceedings. It appears that thereafter the parties were put to trial and respondent No. 1 lead evidence and closed the same on 28.06.2009. It further appears that thereafter an application came to be moved by the applicant at Exhibit-46 thereby requesting to refer the cheques in question to the expert for determination of age of ink, signature and o