- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1409 OF 2008 WRIT PETITION NO.1409 OF 2008 WRIT PETITION NO.1409 OF 2008 Kunal Indrakumar Jhaveri ...Petitioner vs. Naval Kishore Vyas & Anr. ...Respondents AND AND AND CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1410 OF 2008 WRIT PETITION NO.1410 OF 2008 WRIT PETITION NO.1410 OF 2008 Kunal Indrakumar Jhaveri ...Petitioner vs. Bela Naval Vyas & Anr. ...Respondents Mr.S.V.Marwadi for the petitioner Mr.J.P.Yagnik A.P.P. for State Mr.R.G.Sharma for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 25,2008 : SEPTEMBER 25,2008 : SEPTEMBER 25,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioner. The facts of both the petitions are more or less identical and hence reference is made to the facts of the case in Writ Petition No.1409 of 2008. 2. The first respondent is the complainant in a complaint filed under section 138 of the Negotiable Instruments Act,1881. The first respondent produced in evidence a document dated 1st November 2004 signed by the petitioner. After the petitioner examined himself and his mother as - 2 - defence witnesses, an application was made for sending the said document dated 1st November 2004 either to the Government examiner of questioned documents or to the Master of the Security Printing India, Nashik for the opinion on the question whether the revenue stamp affixed on the said document was of the year prior to 1st November 2004 or has been released thereafter. The said application has been rejected by the learned Magistrate and the order of the learned Magistrate has been confirmed in the Revision Application preferred by the petitioner. The revision application has been dismissed mainly on the ground that there was no factual foundation laid by the petitioner. 3. The submission of the learned counsel for the petitioner is that though the petitioner and his mother admitted their signatures on the said document, it is obvious that the signatures were taken on a blank paper and the said document has been created subsequently in the handwriting of the first Respondent and even the revenue stamp has been subsequently affixed thereon. He pointed out that in the said document liability to pay interest @ 1.5% p.m. has been purportedly incorporated. He submitted that considering the aforesaid contention of the Petitioner, the document ought to have referred to the expert for determination of the question whether the revenue stamp in question is released prior to 1st November 2004 or thereafter. - 3 - 4. I have considered the submissions. Perusal of the cross examination of the complainant made by the Advocate for the complainant shows that no case was put up to the Petitioner that what was signed by the petitioner or his mother was a blank paper which was filled in by the petitioner subsequently and revenue stamp has been affixed thereafter. No such case has been made out by the petitioner and his mother in their evidence. On the contrary, when the second witness i.e. the mother of the petitioner examined by the petitioner was confronted with the said document, she admitted her signature as well as the signature of the petitioner on the said document. Thus, at no stage, the petitioner came out with a case that his signature was obtained on a blank paper and the first Respondent filled in the said document subsequently and also affixed the revenue stamp thereon. Therefore, the courts below were right in rejecting the application of the Petitioner. There is no merit in the petitions and the same are rejected. 5. It is, however, made clear that all contentions of the parties on merits of the pending complaints are expressly kept open and the observations made in this order are for limited purpose of considering the challenge to the impugned order. - 4 - JUDGE JUDGE JUDGE