[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.283 OF 2008 M/s.Yashraj Trading Corporation ..Applicant Vs. Mr.Sopan Dnyanoba Khedekar and Anr. ..Respondents ... Mr.S.M.Gorwadkar advocate for applicant Mr.H.J.Dedia A.P.P. for the State Mr.S.S.Shah Advocate for Respondent No.1 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 17, 2008 DATE : JULY 17, 2008 DATE : JULY 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused, learned advocate for the respondent no.1-original complainant and the learned A.P.P. for the State. 2. The applicant-original accused is facing prosecution in a case under Section 138 of the Negotiable Instruments Act. The learned advocate for the applicant has submitted that a blank cheque [-2-] was given by the accused to the complainant in January 1999. Except the signature of the accused on the said cheque, the said cheque was blank. The said cheque was given to the complainant by way of security. The case of the accused is that in 2006, the complainant has misused the blank cheque given by the accused to him in the year 1999. The learned advocate for the applicant submitted that it is necessary that the said cheque to be sent to Forensic Science Laboratory so as to ascertain the age of the document as it was the case of the accused that the said cheque was given to the complainant in the year 1999. As far as this aspect is concerned, in my opinion, it is not necessary to send the cheque for opinion to the Forensic Science Laboratory as the accused can prove when the cheque in question was given to him by the Bank by examining witnesses from the Bank. Thereafter it was submitted that the ink relating to the signature on the cheque and the ink relating to other entries on the cheque are different and it is necessary to ascertain the age of the ink. As far as this aspect is concerned also the accused has every opportunity to lead evidence in his defence and prove his defence. In such case, there [-3-] is no need to send the cheque in question to the Forensic Science Laboratory. It is always open to the accused to examine the witnesses in his defence. 3. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]