ANKUSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. C.V. Dharurkar, the learned Counsel for the petitioner. Heard Mr. P.P. More, the learned Additional Public Prosecutor for the respondent no.1. Heard Mr. S.J. Salunke, the learned Counsel for the respondent no.2.

(2.) Rule. By consent, Rule made returnable forthwith. The learned Counsel for the respondent no.2 waives service. By consent, heard finally.

(3.) The petitioner is the accused in S.C.C. No. 328/2007, pending before the Judicial Magistrate (First Class), Beed. The said case is in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The respondent no.2 herein, a Cooperative Bank, is the complainant in the said case. The trial is in progress. The evidence of the complainant has been adduced. The petitioner (hereinafter referred to as "the accused") has been examined under the provisions of Section 313 of the Code of Criminal Procedure, 1973 [For short, "the Code"]. After the petitioner was examined, he made an application (Exhibit 59), praying that the cheque in question be sent to the handwriting expert and also to an expert for asserting age of the ink.