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.360 OF 2007. WRIT PETITION NO.360 OF 2007. WRIT PETITION NO.360 OF 2007. Mr. Ajay Parmar. ..Petitioner. versus Mr. Mahendra N. Gandhi & Anr. ..Respondents. .... Mr.Girish Kulkarni, for the Petitioner. Mr. J.P.Yagnik, APP, for the Respondent-State. None present for the Respondent No.1. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 1ST AUGUST,2008. : 1ST AUGUST,2008. : 1ST AUGUST,2008. P.C. 1. Heard the learned Advocate for the Petitioner. The Petitioner herein has been arraigned as an accused in a complaint under section 138 of the Negotiable Instruments Act, 1881 filed by the first Respondent. An application was made by the Petitioner before the Trial Court for sending the cheque dated 6th November 2001 and two promissory notes produced by the first Respondent-Complainant to the hand-writing expert. The said application has been rejected by the learned Magistrate. 2. The submission of the learned Counsel appearing for the Petitioner is that the Petitioner has disputed the execution of alleged promissory notes. He submitted that in the circumstances, the - 2 - learned Trial Judge ought to have acceded to the prayer for sending the documents to the hand-writing expert. 3. I have considered the submissions. The learned Trial Court has observed in the impugned order that the signature on the cheque has been admittedly made by the Petitioner. The promissory notes have been produced by the first Respondent-Complainant and the Petitioner-Accused has never relied upon the promissory notes. In the circumstances, the learned Judge was right in rejecting the application made by the Petitioner-Accused. No interference is called for under Article 227 of the Constitution of India. The Petition is rejected. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]