JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has assailed the order dated 30.11.2021, passed by learned Judicial Magistrate 1st Class, Jubbal, District Shimla, in Criminal Misc. Application No. 14/4 of 2020, whereby the application of the petitioner under Section 311-A of the Code of Criminal Procedure has been dismissed.

2. Petitioner herein is facing prosecution for offence under Section 138 of the Negotiable Instruments Act before the learned trial Court in a complaint filed by the respondent. Respondent/Complainant concluded his evidence. Petitioner after availing number of opportunities to lead evidence came up with an application under Section 311-A of the Negotiable Instruments Act before the learned trial Court prayed inter alia as under:-

“Therefore it is most respectfully prayed that the signature of the accused and the date of the cheque in dispute must be examined by the expert and the date filled on the cheque be kindly examined by the handwriting expert to prove the cheque was filled by the accused himself and also the opinion how old is the cheque and the handwriting of the complainant be also matched with the cheque. Any other relief which this le