1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2138 OF 2008 Shri Dilip Yadu Kad : Petitioner V/s. Smt.Latabai Shivram Walunj & Anr. : Respondents .... Mr.Vilas B. Tapkir for the petitioner. Mr.U.B. Nighot for respondent no.1. Mrs.Poonam Bhosale, Addl. Public Prosecutor for the State. ... CORAM : S.A. BOBDE, J. DATE : JULY 29, 2009. P.C.: Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard by consent. 2. This is a petition filed by the accused in a case under section 138 of the Negotiable Instruments Act challenging the order rejecting the petitioner’s application for having the cheque examined by a handwriting expert. The learned Magistrate, having regard to the circumstances of the case, came to the conclusion that despite notice of dishonour on 3.9.2007, 2 the accused did not reply and did not make any such request for a long period till he filed the application on 9.7.2008. The Magistrate thus rightly came to the conclusion that the petitioner filed this application to protract the trial. The learned counsel for the petitioner relied on the judgement of the Supreme Court in Kalyani Baskar v. M.S. Sampoornam [(2007) 2 SCC 258] where Their Lordships observed that in that case the Magistrate should have granted such a request for opinion of the handwriting expert unless he considered that the object of the accused was vexatious or delaying the criminal proceedings. In the present case, the Magistrate has given precisely that reason for rejecting the application. No case for interference. 3. Rule stands discharged. S.A. BOBDE, J.