1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.455 OF 2009 Trimbak s/o Asruba Survase Petitioner Versus Bandu s/o Sitaram Jadhav Respondent Mr.V.D.Salunke, advocate for the petitioner. CORAM: R.M.BORDE, J. DATE : 19th June, 2009. P.C.: 1 Application tendered by the petitioner / complainant requesting the Court to refer the cheque for examination by hand writing expert came to be rejected by the trial Court on 16.04.2009. Petitioner is complainant in the prosecution launched under Section 138 of the Negotiable Instruments Act. Signature on the cheque is disputed by the accused. As such, complainant wants the disputed cheque to be sent, along with admitted signature of the accused, to the hand writing expert. 2 Application has been opposed by the accused on the ground that reference is not warranted as same would unnecessarily protract the trial. It is the contention of Respondent-accused that claim of the complainant is disputed on the ground that the statutory notice, required under the provisions of Negotiable Instruments Act, has not been issued by the complainant. 2 3 The defence of the accused is based on limitation for issuing notice of dishonour of cheque. As such, question of referring the disputed cheque for opinion of hand writing expert would be of no consequence. It is borne out from the record that recording of evidence in the matter has been completed and the matter is posted for final arguments and pronouncement of judgment. In this view of the matter, in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India, no interference is called for. Writ Petition is devoid of merit. 4 Criminal Writ Petition is rejected summarily. (R.M.BORDE) JUDGE ******* adb/criwp45509