Umashankar Bhanudas Jawalge v. Ramesh Vyankatrao Bhosle

2025:BHC-AUG:18242 1 15-wp 893-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 893 OF 2025 Umashankar Bhanudas Jawalge .. Petitioner

Versus

Ramesh Vyankatrao Bhosle .. Respondent Mr. Krishna P. Rodge, Advocate for the Petitioner. CORAM : KISHORE C. SANT, J.

DATE : 11th JULY, 2025.

PER COURT :- .

Heard learned advocate for the petitioner for some time. 2.

The petitioner has challenged the order passed by the learned J.M.F.C. whereby application of the petitioner, original accused in the trial to refer the documents i.e. cheque to handwriting expert came to be rejected. It is the case of the petitioner that, the contents of the cheque are written by the complainant himself, however, in the evidence, he deposed that the contents are written by the accused. It is specific case of the petitioner that, he has not written the contents and therefore, a prayer was made to refer the documents to handwriting expert.

2 15-wp 893-2025.odt The learned J.M.F.C. found that, there is no case made out for referring the documents to handwriting expert as the signatures on the cheques are admitted.

3.

When this Court shown disinclination to entertain the petition, the learned advocate for the petitioner expresses his concern that, while rejecting the application the learned J.M.F.C. has made some observations which may come in his way while taking defence.

4.

As stated this, this Court is not inclined to issue notice. The concern of the petitioner can be taken care of by making it clear that, the observations made by the learned J.M.F.C. while deciding the application are strictly for the purpose of the application only and it shall not come in the way of the petitioner in defence. All defences of the petitioner are kept open.

5.

With this, criminal writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.