VINEET VITTHAL PATKAR Vs. JANARDHAN LAXMAN FALE

JUDGEMENT

(1.) Two views of judgments of equal strength of Apex Court have given rise to the filing of present writ petitions; according to the petitioner, one view supports the plea of the petitioner to send a disputed cheque to a handwriting expert; however, another judgment of Bench of equal strength takes contrary view stating that in case signature on the cheque is admitted, sending the cheque to handwriting expert is not necessary.

(2.) Bare facts essential for the adjudicating issue involved are as under:

(3.) During the pendency of the complaint, the accused filed an application to send a disputed cheque to a handwriting expert to ascertain whether the contents of the cheque, apart from the signature, had been written by the accused. The Magistrate by the impugned order rejected the application relying on the judgment of this Court reported in 2010 (6) LJSOFT (URC) 28 in the case of Deepkkumar S/o Dwarkadas Agrawal vs Ashokkumar S/o Brijmohan Dalmiya and Another. The Magistrate held that since the accused has not disputed his signature on the cheque, the author of other contents of the cheque is of no consequence. Aggrieved thereby, the petitioner accused has filed present petitions.