ORDER

Date : 12-12-2018 Heard Mr NS Laskar, learned counsel for petitioner. None appears for respondent despite serving notice. So the matter is taken up for hearing.

(2) Petitioner filed a complaint case before the learned CJM, Hailakandi u/s 138 of the Negotiable Instrument Act, 1988 against the respondent. The complaint was registered CR case 10(A)/2013.

(3) Respondent contested the case and the case proceeded to the stage of argument after examination of the respondent u/s 313 of the CrPC. Respondent also examined himself as DW1. At the stage when the case was fixed for argument, respondent prayed before the trial court to examine the age of the ink in the two cheques in question by FSL. The learned trial court allowed the prayer by order dated 17.6.2014.

(4) Accordingly the cheques were sent to Forensic Science Laboratory at Guwhati to determine the age of the ink of the signature of respondent in the cheques but the instruments were returned with the report that the facilities to ascertain the ink age are not available in Guwahati.

(5) Now respondent filed a petition before the trial court for sending the cheques to Delhi or any other FSL in India. The learned trial court rejecte