1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.325 of 2010 (Pravin Vishwanthrao Gaikwad v. Ashok Yashwantrao Khare) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Miss Ritu Kalia, Advocate for Petitioner. Shri S.G. Shukla, Advocate for Respondent. Coram : R.M. Borde, J. Dated : 2 nd July, 2010 Heard the learned counsel for the parties. During the continuance of the trial in respect of offence punishable under Section 138 of the Negotiable Instruments Act, an application came to be presented by the respondent-accused requesting the Court to send the disputed documents Exhibits 21 and 22 along with the document containing an admitted signature of the accused for examination by the Handwriting Expert. The application was considered by the Trial Court and the Court was pleased to direct that the disputed documents Exhibits 21 and 22 be referred for examination by the private Handwriting Expert, and the document Exhibit 32, which, according to the respondent-accused, bears the admitted signature, is directed to be sent to the Handwriting Expert for comparison. The complainant is raising exception to the order passed by the Trial Court contending that when the signature on the cheque is not disputed, it was not necessary to refer the so-called documents for examination by the Handwriting Expert. The Trial Court, however, thought it fit to refer the said documents to the Handwriting Expert with a view to give an opportunity to the 2 accused to substantiate his contentions in respect of the defence raised by him regarding legally enforceable liability. Considering the interlocutory nature of the order, this Court need not exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. So far as the order passed by the Trial Court directing reference of the disputed documents for examination by the Handwriting Expert is concerned, the same is maintained. However, the procedural aspects referred to in the order need to be corrected. The documents shall have to be examined by the Government Handwriting Expert and not by the Private Handwriting Expert, as stated in the order. The order passed by the Trial Court in that respect needs modification. In view of the above, I direct the Trial Court to secure the signature of the accused in presence of the Court and refer the admitted signature along with the disputed documents Exhibits 21 and 22 for verification of the signatures on the disputed documents for examination by the Government Handwriting Expert. The aforesaid two documents along with the admitted signature secured in presence of the Court, shall also be referred to the Government Handwriting Expert for examination. With the modifications noted above, no interference is called for in the impugned order. The petition stands disposed of accordingly. Judge. pdl.