VIPULBHAI MOHANBHAI TARPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Pratik Y. Jasani, learned advocate for the applicant.

(2.) By way of this application, the applicant seeks to challenge the legality and validity of the order dtd. 21/10/2022 passed by the learned 4th Additional Sessions Judge, Rajkot in Criminal Revision Application No. 131 of 2022, whereby the Court was pleased to allow the application Exh. 62 filed in Criminal Case No. 5576 of 2017 for sending the disputed cheque for verification of the signature as well as particulars mentioned in the cheque, to handwriting expert.

(3.) The applicant is the complainant in the proceedings under Sec. 138 of the N.I. Act, which is pending before the Special N.I. Court, Rajkot (C.C. No. 5576 of 2017). Respondent no. 2-accused moved one application vide Exh. 62, to refer the disputed cheque to the handwriting expert for examination of particulars mentioned in the cheque to prove his defence regarding misuse of instrument by the complainant. The Trial Court has rejected the application vide its order dtd. 8/9/2022, observing that when applicant-accused does not dispute the signature of the cheque, it is not relevant to refer the instrument for examination of handwriting expert. Respondent no. 2-accused carried the impugned order before the Sessions Court, Rajkot by way of filing the Criminal Revision Application. The learned 4th Additional Sessions Judge, vide its order dtd. 21/10/2022, set aside the order of the Trial Court and allowed the application Exh. 62, and directed the expert concerned to opine on the handwriting of the body of the cheque, age of the writing on the cheque, ink used in the handwriting.