SHARAD Vs. DEEPAK

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner is the accused in S.T.C. No. 584/2011, pending before the Judicial Magistrate (First Class), Kopargaon. The case is in respect of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The respondent no.1 herein is the complainant in the said case. The trial is in progress. The affidavit of the respondent no. 1, in lieu of evidence in examination in chief, has been filed.

(3.) After the affidavit of evidence had been filed, the petitioner made an application (Exhibit 29) before the Magistrate, contending that the handwriting and signature on the cheque in question, was not of the petitioner, and that, it was necessary to send the cheque to an expert for opining about the handwriting and signature thereon. This application was rejected by the learned Magistrate by his order dated 10th May 2013. Being aggrieved thereby, the petitioner has approached this Court by filing the present petition.