( 1. ) HEARD finally with the consent of both the parties.

( 2. ) THIS is a petition filed under Section 482 of Cr. PC quashment of the order passed by JMFC, Indore on 1-2-05 in Criminal Case No. 1538/01, which was confirmed by the order dated 24-6-06 passed in Criminal Revision no. 235/05 by First Additional Sessions Judge, Indore. The present petitioner is facing trial for the offence punishable under Section 138 of the Negotiable instrument Act before learned Magistrate. During trial, two interlocutory applications, one under Section 91 of the Cr. PC and second under Sections 45, 65 and 67 of the Evidence Act were moved on behalf of the present petitioner, before the learned Magistrate. Those two applications were considered by the trial Court and were dismissed. That order was confirmed by the Revisional court also.

( 3. ) LEARNED Counsel for the petitioner submitted that the signature on the cheque are not in dispute in this case, and as per the defence of the present petitioner, the amount of cheque was already paid to the complainant, but later on complainant interpolated in that cheque and entered another date and made certain entries and then presented the cheque in