[2025:RJ-JP:19844] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2636/2025 Mishrilal Suman S/o Late Shree Mohanlal Suman, R/o Devpura Bundi, Tehsil And District Bundi, Rajasthan. ----Petitioner Versus Mohmmad Shahbaz Gauri S/o Mehboob Gori, R/o Chota Bazar Bundi, Tehsil And District Bundi, Rajasthan. ----Respondent For Petitioner(s) : Mr. Govind Choudhary, Adv. For Respondent(s) : HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/05/2025 1. The petitioner has challenged the order dated 22.04.2025 passed by learned Additional Civil Judge and Judicial Magistrate No.1, Bundi, whereby the application for conducting polygraph test of the petitioner pertaining to Case No.425/2017 under Section 138 of the N.I. Act. 2. It is contended by learned counsel for the petitioner that at the time of issuance of cheque, the age of the petitioner was 18 years and the petitioner was not having any source to pay the amount of Rs.9,00,000/-. It is also contended that the petitioner never took any loan from the complainant and that fact can be ascertained after conducting polygraph test. The petitioner is ready to bear the expenses of polygraph test, therefore, the order passed by the learned trial Court dated 22.04.2025 may be set aside. [2025:RJ-JP:19844] (2 of 2) [CRLMP-2636/2025] 3. Heard and perused the material available on record. 4. The perusal of the order shows that complaint under Section 138 of the N.I. Act is pending against the petitioner for last 9 years, whether, the complainant misused the cheque issued by the petitioner and the petitioner was not having meaningful resource to pay the amount, is a question of fact. After a delay of 9 years, the petitioner has submitted an application for conducting his polygraph test, the delay itself is sufficient to dismiss the application, therefore, I do not find any infirmity or perversity in the order dated 24.04.2025. 5. Accordingly, the instant criminal miscellaneous petition is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-44