2011 (4) TMI 1533

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dent No. 1 and N.R. Shaikh, APP JUDGMENT A.V. Potdar, J. 1. On the oral request, leave to add State as party Respondent No. 2. Amendment to be carried forthwith. Learned APP accepts notice for Respondent No. 2. 2. Rule was issued in this petition on 13.12.2010. 3. By this petition, under Article 227 of the Constitution of India, the Petitioner accused has challenged the order dated ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... expert for determination of age of ink, signature and other format on the cheques, as according to him the disputed cheques were given by him to the Respondent by way of security and the blank places are filled by the Respondent conveniently, so as to suit his case. It also appears that learned JMFC, rejected the application (Exhibit46) vide impugned order dated 28.06.2010. Thereafter, it appears....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the document for enabling the same to be compared by a handwriting expert to compare the disputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The Appellant is entitled to rebut the case of the Respondent and if the document viz. The cheque on which the Respondent has relied upon for initiating crimi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The present Petitioner, though does not dispute signature on the cheques in question, yet according to him the said cheques were given to Respondent No. 1 by way of security, which are misused by him by filing up the places in the cheque conveniently so as to suit his case. It is further urged that it is imperative to send the cheques in question to the expert so as to determine the age of the i....