JUDGMENT :

RAKESH KAINTHLA, J.

1. The present petition is directed against the order passed by the learned Chief Judicial Magistrate, Shimla, dated 24.1.2023, vide which the application filed by the petitioner under Section 45 read with Section 73 of the Indian Evidence Act for seeking the expert opinion of Handwriting Expert by comparing the signatures of the applicant with the disputed signatures was dismissed.

2. It has been asserted that the respondent filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioner in the year 2016. The petitioner/accused disputed her signatures on the cheque in the cross-examination of the respondent/ complainant. The petitioner had lost the chequebook in May, 2017. She informed the Bank on 16.5.2017. The petitioner filed an application under Section 45 read with Section 73 of the Indian Evidence for comparing the signatures on the cheque with the signatures on Power of Attorney and the specimen signatures. The application was dismissed by the Court on 24.1.2023 on the ground that the cheque was not dishonoured on the ground that the drawer's signatures differ. It is asserted that the learned Court below misconstrued