1 WP 5564.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5564 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.A.Tandale, Advocate for the Petitioner. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 10/08/2011 PER COURT : 1. The petitioner had moved an application for referring the document to the hand writing expert. The said application is rejected on the ground that the original is not before the Court. 2. Mr. Tandale, the learned counsel for the petitioner submits that the original document was filed by the present respondent in the criminal proceedings. The petitioner does not have the custody of the said document. The respondent himself has filed xerox copy. The signatures are disputed. In light of that, the petitioner had properly resorted to the provisions of Section 45 of the Evidence Act and had filed an application for referring the said document to the hand writing 2 WP 5564.2011 expert. The Court failed to consider this aspect and rejected the said application without considering all these aspects. 3. The Court had rejected the application on the ground that in absence of the original document, no purpose would be served in referring the said document to the hand writing expert. In fact, the xerox copy of the document is not admissible in evidence. The Court has also considered that the other documents regarding admitted signatures and the writing of the plaintiff are not on record. In absence of the same also the document could not be referred to the hand writing expert. 4. At this stage no fault can be found with the order passed by the trial Court. 5. If the original document is brought before the Court, the petitioner has liberty to move the application afresh for referring the said document to the hand writing expert, which application the Court would consider on its own merits. [ S.V. GANGAPURWALA,J. ] KNP/WP 5564.2011 3 WP 5564.2011