3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2591 OF 2007 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 10.02.2010 1. Heard Adv. Shri Girish Rane for the applicant. No one appears for sole respondent though duly served. 2. This is an application for leave to file appeal against acquittal. The learned Magistrate not only acquitted the respondent of offences punishable under sections 467 and 471 of the I.P.C. after comparing the signature of the accused on the disputed cheque, but has come to a positive case that the complaint itself is false and filed without reasonable caused and therefore issued notice under section 250 of the Cr.P.C. 3. The learned advocate for the 3 applicant argued that before coming to the conclusion that it is a false case filed without reasonable cause, there ought to have been opinion of hand- writing expert regarding signature obtained at the instance of either of the two parties. 4. In this case as para 21 of the judgment discloses, none of the parties chose to refer the cheque in question to the handwriting expert. In my opinion, the view taken so far as acquittal is concerned, is reasonable, as the complainant has not produced evidence of expert to show that it was forgery committed by the accused. But, so far as notice under section 250 of the Cr.P.C. is concerned, in my opinion, it requires some consideration at the hands of this Court and therefore leave is granted to challenge impugned order only in respect of show cause notice issued under section 250 of Cr.P.C. is concerned. 5. At the request of learned advocate for the applicant, the appeal is directed to be treated as Criminal 3 Revision Application. 6. The Criminal Application stands disposed of. [P.R. BORKAR,J.] snk/2010/FEB10/cra2591.07