1. Brief facts of the controversy involved under section 482 of the CrPC is that the appellant Abhishek was being proceeded against for offence under section 138 of the Negotiable Instrument Act. The applicant had moved an application for adducing the opinion of the handwriting expert regarding signature on the cheque and the application has been dismissed by the ACJM, Indore by impugned order dated 15.9.2011 passed in Criminal Complain No. 2154/2009 and hence this present application.

2. Counsel for the applicant has relied on T. Nagappa v. Y.R. Muralidhar 2008 (2) DCR 634 whereby the Apex Court has held that liberty must be granted to the accused for adducing evidence in rebuttal thereof. As the law places the burden on the accused he must be given reasonable opportunity to discharge the same. Counsel submitted that stay has been granted by this Court on 15.11.2011 and she prayed for allowing the present application.

3. Counsel for the respondent has opposed the stay granted earlier on 15.11.2011. He has submitted that the trial is unnecessarily protracted at the fag end. He further submitted that the stay has been granted since the accused had disputed the signature on the ch