1. Heard learned counsel for the parties.

2. The applicant has challenged the order dated 17.1.2012 passed by learned JMFC, Shivpuri in Criminal Case No.284/2009 whereby the application filed by the applicant under section 91 of CrPC and sections 45 and 47 of the Evidence Act was dismissed.

3. Brief facts of the case in short are that a complaint is pending against the applicant before the trial Court for the offence under section 138 of Negotiable Instruments Act (in short 'the NI Act'). It was admitted before the trial Court that some loan transactions took place between the respondent Bank and the applicant and when the impugned cheque was furnished for payment then it was dishonoured. A notice of demand was given and thereafter the complaint was filed. The applicant filed an application that the complainant Bank took 10 blank cheques from the applicant and 9 blank cheques were still with the Bank, therefore, such cheques be called from the Bank. Applicant also simply appended his signature on the cheques and they were not filled up. Those cheques were to be filled up by the Bank authority according to their convenience and therefore, the applicant wanted to get the impugned