JUDGMENT :

Rakesh Kainthla, J.

The present petition has been filed for assailing the order dated 3.3.2023, passed by learned Judicial Magistrate First Class (JMFC), Thunag, District Mandi, H.P. vide which, the application filed under Section 243 Cr.P.C. read with Section 73 of Indian Evidence Act for comparing the handwriting of the particulars filled in the cheque was dismissed. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. The complainant has filed a complaint against the accused for the commission of an offence punishable under Section 138 of the NI Act. The complaint was listed for arguments on 3.3.2023 when the application was filed and was disposed of.

3. It was asserted in the application that the cheque was not written by the accused, the amount was also not mentioned by him. The cheque was issued by the accused and there is no legal liability against the accused. The complainant stated that the cheque was filled by the accused and the accused had issued bill No. 01204 to the complainant duly signed by him; however, the accused had not issued the cheque and the bill. It is necessary to e