Arvind Singh Sangwan, J.

Prayer in this petition is for quashing of order dated 19.01.2018 (Annexure P-3), vide which, an application filed by the petitioner under Section 391 Cr.P.C. for leading additional evidence and to allow him to take photographs of his standard and disputed handwriting for comparison through a Handwriting Expert has been dismissed.

2. Brief facts of the care are that the petitioner along with four other co-accused, namely Amarjit Singh, Prem Sagar, Pawan Kumar and Jagdeep Singh, faced trial in FIR No. 26 dated 19.02.2008, under Sections 409, 420, 465, 466, 467, 468, 471, 477-A and 120-B of the IPC and the trial Court, after conducting a full length trial, vide judgment dated 02.03.2016, held the petitioner guilty of hatching conspiracy with co-accused Jagdeep Singh and others, who were not nominated as accused by the Investigating Officer, and has misappropriated 36000 liters of diesel being employee of the Punjab Roadways. Accordingly, the petitioner was held guilty for commission of offence punishable under Sections 409, 467, 468, 471 and 120-B of the IPC and was sentenced to undergo a maximum sentence of three years and to pay the fine under the provisions of the aforesaid sections. However, other accused persons were acquitted.

3. Aggrieved, the petitioner filed an appeal before the lower appellate Court and during the pendency of the appeal, he moved an application under Section 391 Cr.P.C. for leading additional evidence which was dismissed, vide impugned order.

4. In nutshell, the case set up by the prosecution against the petitioner, in the FIR, is that General Manager, Punjab Roadways, Hoshiarpur sent a letter to Senior Superintendent of Police, Hoshiarpur regarding embezzlement of 36000 liters of diesel worth Rs. 10,46,709/-, in which, it was submitted that in January, 2008, Indian Oil Corporation, Jalandhar (for short 'IOC') supplied 17 tankers of diesel containing 12000 liters in each tanker and when the supply was cross-checked and tallied with the official record it came to notice that only 14 tankers of diesel were received, but tanker bearing registration No. PB-07-R-3277 and tanker bearing registration No. PB-07-P-7335 of M/s Saini Oil Carrier and third tanker bearing registration No. PB-08-AJ-4735 of M/s Suman Oil Carrier were not received in the depot of the roadways. The diesel containing in these three tankers have been misappropriated somewhere else. The record regarding thse suipplies have also been misplaced from the office. The office of the General Manager, Punjab Roadways, Hoshiarpur asked IOC to send challan receipts regarding supply of the oil. From the copiesof challan receipts, it is clear that the signatures of Assistant Security Officer and Assistant Mechanical Engineer are forged. The misappropriation of the diesel has been committed/done in connivance with the tanker drivers and staff of the office of diesel pump. It was further stated that on the relevant days, Paramjit Singh, DPA, Amarjit Singh, DPA, Pawan Kumar, DPA and Prem Sagar, Clerk, Diesel Pump were on duty and the diesel tankers were locked with special locks by the IOC and one key remains with the cashier of the depot and the second key remains with the staff of depot of IOC. In this way, the role of the officials of IOC as well as of concerned roadways was suspected. It was also stated that Yard Master makes the entry of every vehicle which enters into the yard of depot. The above three vehicles have been entered in the yard register. The entries of these vehicles were made in the different handwriting in the yard register, which did not tally with the other handwriting of the yard register. The record of the yard register remains with Dharam Pal and Swaran Singh, Yard Masters. Upon this application, the present FIR was registered and after necessary investigation, the challan was presented against the accused. The trial Court, after trial, convicted the petitioner, however, acquitted the three other