ORDER :

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. challenging the order dated 21.06.2017 (Annexure P/1) passed by Sessions Judge, Korba, District-Korba (C.G.) in Criminal Revision Case No. 12/2017 by which the Revisional Court has dismissed the revision and affirmed the order dated 30.05.2015 (Annexure P/10) passed by Chief Judicial Magistrate, Korba (C.G.) in Complaint Case No. 625/2014, by which the learned Chief Judicial Magistrate, Korba, District- Korba (C.G.) has rejected the application filed by the petitioner for examination of cheque through handwriting expert as per provisions of Section 45 of the Indian Evidence Act.

2. This case has long story as various cases have been in various forum used for redressal of the grievance including filing of SLP before Hon'ble the Supreme Court by the parties.

3. The brief facts as projected by the petitioner are that a notice under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act, 1881”) was issued to the petitioner by respondent/ complainant alleging that in order to sell his land, an agreement was executed between the petitioner and the complainant. Accordingly, on 23.10.2011, the complainant paid Rs. 61,00,000/- to the accused and the accused has also given him a receipt of the same. However, subsequently, the petitioner expressed his inability for execution of sale deed and both the parties agreed to cancel the agreement executed between them. It was agreed by the petitioner that he will compensate the complainant and he will pay a sum of Rs. 1,60,000,00/- in lieu of Rs. 61,00,000/- received as advance money.

4. On 14.05.2014, the petitioner issued a cheque of HDFC Bank Branch- Korba in favour of the respondent, however, when the cheque was presented on 15.05.2014, the same was dishonoured with an endorsement that there is insufficient amount in the account. The complainant informed the petitioner about dishonour of the cheque, but he has not responded the same, therefore, he sent a notice to the petitioner on 29.05.2014 (Annexure P/2). The petitioner has submitted his reply to the notice contending that neither any agreement was executed for sale nor he has received any amount in lieu of sale of land. No compromise etc. took place for payment of loss sustained by the complainant to the tune of Rs. 1,60,000,00/-. He has not issued any cheque for payment of aforesaid amount. On the contrary, on 10.05.2014 during traveling from Korba to Katghora by motor-cycle, the petitioner lost his handbag containing various documents alongwith cheque book of HDFC Bank in which some of the cheques were signed and the complainant is misusing the aforesaid signed cheque. The petitioner has lodged report at Police Station- Katghora on 10.05.2014 itself. After receipt of reply, the complainant filed a complaint reiterating the same story as projected in the notice.

5. On the basis of said complaint, the trial Court issued notice to the petitioner. The petitioner then appeared before the trial Court and has stated that he has been falsely implicated in this case, no cheque has been issued to the complainant against any liability. The aforesaid cheque was lost in which, he has only singed the cheque but amount has been written by complainant which is being misused by the complainant.

6. On 15.05.2015, the petitioner moved an application for examination of handwriting expert stating that in the alleged cheque bearing No. 086027 was lost in which except his signature, the other particulars were not written by him, therefore, the petitioner wants to examine the handwriting from handwriting expert-Smt. S. Dhenge, Raipur and for this, he is ready to bear the expenses for the same. After recording statement of the complainant, the statement of petitioner under Section 313 of the Cr.P.C. was recorded, wherein, he has denied the allegation made against