1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.905 OF 2009 AND CRIMINAL WRIT PETITION NO.906 OF 2009 Sudhir Achutrao Deshmukh .. Petitioner (In both the petitions) Versus Babaso Sukhdeo Bhosale & Anr. .. Respondents (In both the petitions) Mr.Amit Sale for the petitioner. Mr.Y.M.Nakhawa, A.P.P for State in W.P.No.905/09. Ms.A.T.Jhaveri, A.P.P for State in W.P.No.906/09. CORAM : A.S.OKA, J. DATE : 19 th June 2009. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner has been arraigned as an accused in complaint filed under section 138 of the Negotiable Instruments Act, 1881. The petitioner applied before the trial Court for referring the cheque for obtaining an opinion of the handwriting expert. The said application has been rejected and the order of rejection has been confirmed in revision application. 2 2. It appears to me that the reasoning adopted by the Courts below for rejecting the application filed by the petitioner is erroneous. However, at this stage no interference is called for as the evidence of the complainant is being recorded. The application was premature. Notwithstanding the rejection of the present application, at appropriate stage, the petitioner can always make a fresh application for the same relief. If such application is made, it will be considered by the trial Court on its own merits. Subject to what is observed above, the petitions are not entertained and the same are rejected. (A.S.OKA,J)