This criminal misc. application has been filed
under Section 482 Cr.P.C. challenging the order dated
19.12.2023, passed by learned Ist Additional District &
Sessions Judge, Haldwani, District Nainital in Criminal
Revision No.125 of 2023, Prem Rathor Vs. Prem Kumar
and another and a further prayer for setting aside the
order dated 13.04.2023, passed by learned IInd Judicial
Magistrate, Haldwani, District Nainital in Criminal Case
No.3745 of 2021, Prem Kumar Vs. Prem Rathor, whereby
the application dated 20.02.2023 of the applicant has
been dismissed.
2. Facts in a nutshell are that a case under
Section 138 of Negotiable Instruments Act, 1881
(hereinafter referred to as “Act of 1881”) was filed by
respondent no.2/complainant before the court of learned
IInd Judicial Magistrate, Haldwani, District Nainital. In
that case the statement of complainant was recorded as
PW1. During pendency of case, the accused moved an
application on 20.02.2023, requesting therein to send the
alleged cheque for conducting the forensic examination of
the same before the Forensic Laboratory for the purpose
of examining the veracity of the cheque. Against the said
application the applicant also filed his objection on
23.03.2023.