Gupta, J. -- 1. This petition has been filed under section 482 of the Code of Criminal Procedure, 1973 [in short the “Code”] by the petitioners being aggrieved by the order dated 6.5.2014 passed by Judicial Magistrate First Class, Gwalior in Criminal Complaint No.5739/2013 whereby the application under section 45 of Evidence Act, 1872 [for brevity Act 1872] sending the disputed cheque for examination by the handwriting expert was dismissed.

2. Brief facts of the case are that respondent filed a private complaint under section 138 of Negotiable Instruments Act, 1881 [in short the Act 1881] wherein it was alleged that accused received Rs.5,00,000/- from the respondent/complainant and for paying the same issued a cheque No.000097 of Allahabad Bank dated 11.3.2013 in favour of the complainant. It was further alleged that cheque was presented in the bank by the complainant and the same was dishonored with the endorsement opening balance insufficient, hence, issued a legal notice, thereafter, private complaint has been filed before the competent Court. During the pendency of the complaint, petitioners/accused filed an application under section 45 of Act, 1872 and the same was dismiss