1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1090 OF 2011 Ravindra s/o Bhagaji Kharmale ... PETITIONER VERSUS Shivaji s/o Uttamrao Adsul & anr. ... RESPONDENTS ..... Shri V.D. Hon, Advocate for the petitioner Shri N.H. Borade, A.P.P. for respondent No.2 ..... CORAM : U.D. SALVI, J. DATED : 9th December, 2011. PER COURT : 1. Heard. Perused. 2. Refusal of the trial Court to refer the cheque in question to the office of Government Examiner of Questioned Documents, Directorate of Forensic Science, Hyderabad in light of the said agency’s inability to do forensic examination of the said cheque and determine the absolute or relative age of signatures and entries on the questioned cheque, is the subject matter of the present petition. 2 3. If the concerned agency undertaking forensic investigation has expressed its inability to undertake forensic investigation, for determination of signature and writing’s age on the cheque in question, the learned trial Court as well as learned Additional Sessions Judge, Ahmednagar, who endorsed the view of the learned trial Court, cannot be faulted for the refusal to send back the questioned cheque to the same agency. 4. Mr. Hon, learned Advocate for the petitioner submits that the petitioner would consult proper expert in the field to answer his query and would be moving an application before the learned trial Court for appropriate directions for forensic investigation in that regard and in the present circumstances, leave be granted to withdraw the present Criminal Writ Petition with liberty to move the learned trial Court accordingly. Leave is granted to withdraw the Criminal Writ Petition. The present Criminal Writ Petition stands disposed of with the leave as is available under law for moving the learned trial Court. ( U.D. SALVI, J. ) fmp/cwp1090.11