Pankaj Bhandari, J.

Application for early hearing is allowed.

2. At the request of the parties, the matter is heard today.

3. Petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 26.10.2015 passed by Special Metropolitan Magistrate (Negotiable Instrument Act cases) No.16, Jaipur and order dated 17.12.2015 passed by the Additional Sessions Judge No.5, Jaipur Metropolitan. Whereby the Court below has rejected the application filed by the petitioner for sending the documents to the FSL to ascertain whether same is in handwriting of complainant.

4. It is contended by the counsel for the petitioner that the petitioner has paid the amount to the complainant and receipt was given to him by the complainant which bears the hand writing of the complainant. The Court below has committed grave error in not sending documents to the hand writing expert.

5. Counsel for the complainant has opposed this Misc. Petition. His contentions is that the alleged document is dated 20.09.2013 whereas the complainant pertains to cheque dated 29.11.2013, therefore, the document has no relevance to the complaint in question.

6. It is also contended that complainant has availed of t