1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1513/2008 Vinod Ramaji Darunde ..vs.. Khatmal Jotumal Jeswani -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 23 rd June, 2008 1. Heard Mr. Khamborkar, learned counsel for the applicant and Mr. Zoting, learned counsel for the non applicant. 2. The applicant, who is original accused, challenges the trial Court's order passed below Exh.-30 in Summary Criminal Case No. 3334/2006. By this application, the applicant wanted the Court to call opinion of the handwriting expert as to whether the signature and the other contents of the cheque are of the accused or not. 3. There is no dispute that the cheque is signed by the applicant/accused. It is the defence of the accused that he has given blank cheque and the contents of the cheque have 2 been written by some other person. The learned trial Court relied upon the provisions of Section 20 of the Negotiable Instruments Act and held that it is open to a person to sign and deliver the blank or incomplete cheque and it is equally open for the holder to fill up the blanks. In that view of the matter, the learned trial Judge formed the opinion that the cheque need not be sent to the handwriting expert. 4. The order passed by the learned Magistrate is in consonance with the provisions of Section 20 of the Negotiable Instruments Act. The application is devoid of any substance. I do not see any reason to interfere in the same. The application is, therefore, dismissed. JUDGE kahale