1 WP-269-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 269 OF 2011 Popat Pandharinath Bobade ... Petitioner (Orig. accused) vs. Bhagyanand Packaging Industries & Anr. Respondents Mr. Tejasweeta Kadam i/b. Mr.Rahul Kate, Advocate, for the petitioner Mr.P.S.Hngorani, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 22nd March, 2011. P.C. 1. Heard the learned Counsel for the petitioner. 2. The petitioner is accused in C.C. No.1941/2007 pending before the J.M.F.C. Satara for the offence under Sec. 138 of Negotiable Instruments act. The petitioner made an application on 10.12.2010 before the Magistrate to refer the cheque to handwriting expert on the ground that except the signature, other contents including the amount were not in his handwriting. The learned Magistrate rejected the application on the ground that under Sec. 20, inchoate cheque can be completed and it is not necessary that the contents of the cheque should be in handwriting of person issuing the cheque. The trial court noted that 2 WP-269-11.sxw the accused had admitted the signature on the cheque. It is also noted that the evidence is completed. It appears that the case was pending since 2007 and after the evidence of complainant was completed, this application was moved. There is no explanation for the delay of about 3 years in making the application to refer the matter to handwriting expert. It appears to be an attempt to prolong the case. In view of these circumstances, I am not inclined to interfere in the order. Petition stands rejected. (J.H.BHATIA,J.)