Ndm 1 appln.2137.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2137 OF 2009 Pratapshingh Ravji Thakkar. ... APPLICANT Vs. Sau. Sanjeevani Shripati Mohite and anr. ... RESPONDENTS -------------- Mr. Amit B. Borkar, Advocate for Applicant. Shri. Anand S. Patil, Advocate for Respondent No.1. Mr. D.R. More, APP for State. -------------- CORAM : S.A. BOBDE, J. DATE : 18 th September, 2009. P.C. 1 The applicant has challenged the order of the learned Sessions Judge, Kolhapur dated 13.04.2009 holding that it is necessary to refer the cheques for the opinion of the handwriting expert as prayed for by the respondent-accused. Earlier the learned trial Court refused to refer the cheques to the handwriting expert on the ground that ex-facie it is not necessary to send the cheques to the handwriting expert particularly since there is no overwriting on cheques in question. According to the trial Court, it appeared to be an attempt by the Respondent-Complainant-Accused to protract Ndm 2 appln.2137.09.sxw the trial. The learned Sessions Judge has reversed the order. 2 However, the learned Sessions Judge has not given any reasons how the reasons given by the trial Court are not correct. The learned Sessions Court has observed that the Respondents must be given an opportunity to give opportunity to defence to show that the amount of cheque was not Rs. 1,00,000/- but it was Rs.10,000/-. Further the learned Sessions Judge has referred the matter for examination to the handwriting expert in order to have a fair trial. I am of the view that the learned Sessions Judge ought to have applied its mind in the facts of the case for sending the cheque to the handwriting expert and also to the reasons given by the trial Court for refusing to send the cheque to the handwriting expert. It is not sufficient to say that for fair trial the matter would be referred to the handwriting expert. In the circumstances of the case, the impugned order is set aside the matter is remanded back for a fresh decision. The Sessions Court shall decide the Revision as expeditiously as possible and in any case not later than three months. Parties are directed to appear before the Sessions Court on 09 th October, 2009. [ S.A. BOBDE, J ]