wp2597-09.sxw jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2597 OF 2009 Yamini Dilip Chitnis .. Petitioner Versus The State of Maharashtra and others .. Respondents Mr. Niranjan Mundargi i/by Amit Potnis or the petitioner WP 2597/09 Mr. V.B. Konde Deshmukh, APP for the respondent No.1 Mr. Sanjeev P. Kadam for respondent no.2 CORAM : J.H. BHATIA, J. DATE : 3rd May, 2011. P.C.: 1. Heard learned counsel for the parties. 2. On the complaint filed by respondent No.2 Rajnikant Deshmukh, the learned Metropolitan Magistrate issued process against the present petitioner. That order is challenged in the present petition. When the matter is taken up for hearing, it is pointed out that the petitioner has also made a cross complaint alleging that the documents, on the basis of which the respondent no.2 had filed a complaint against him, are forged documents. 3. The learned APP, on instructions from the investigating officer, makes a statement that the original documents, the admitted signatures and specimen signatures are referred to 1 wp2597-09.sxw Handwriting Expert and the report is awaited. If it is found that the said documents are forged, naturally, the complaint filed by respondent no.2 against the present petitioner may be liable to be dismissed and respondent no.2 himself may be liable to be prosecuted in the cross complaint. On the other hand, if the documents are found to be genuine, naturally the prosecution against the present petitioner will have to be continued. In the circumstances, with consent of the learned counsel for the parties, who have taken instructions from their respective clients, the petition stands disposed of with the following directions: i. The learned Metropolitan Magistrate, Ballard Pier, Mumbai shall not proceed with the criminal case No. 5/SW/2008 till the Handwriting Expert's report is received and further proceedings in this case as well as in the cross complaint filed by the present petitioner shall be subject to the report which may be submitted by the Investigation Officer as well as the report of the Handwriting Expert. ii. Investigating Officer shall submit his report alongwith Handwriting Expert's report as early as possible, preferably within two months. ( J.H. BHATIA, J. ) 2