S. Muralidhar, J.

.1. An interesting question arises in this petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) concerning the scope of the powers of a Metropolitan Magistrate (MM), trying a complaint case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) to ask for the opinion of the Central Forensic Science Laboratory (CFSL) on the handwriting on the cheques in question despite an application filed by the complainant for the same relief having been dismissed earlier by the learned MM.

.Background facts

.2. The brief facts to filing of this petition are that a complaint being Criminal Case No. 429/1 was filed by the petitioner against the respondent under Section 138 NI Act in the court of learned MM on 18th March, 2002 with regard to the dishonour of two cheques: cheque No. 315106 dated 20th August, 2001 for a sum of Rs. 20 lakhs and cheque No. 315108 dated 28th December, 2001 for a sum of Rs. 32 lakhs. The allegation in the complaint was that the respondent Swaraj Pal Singh had issued the aforementioned cheques in favor of the complainant towards discharge of an admitted liability. Both cheques were, on presentation to the bank for p