Babarao Anandrao Wankhede v. Bahauddin Aliuddin Kazi Thr. P.O.A. Holder Akhiloddin Wahiuddin Khajamiya Kazi

21.16crwp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.21 OF 2016 Babarao Anandrao Wankhede, Aged about 57 years, Proprietor Shankar Trading Company, Hardada, Tq. Umarkhed, Dist. Yavatmal.

..PETITIONER

VERSUS

Bahauddin Aliuddin Kazi, Aged about 60 years, Occ: Agri.,& Advocate, R/o. Sukali (J), Tq. Umarkhed, Dist. Yavatmal. At present Shabisthan Colony, Plot No.8, Opp. Ganesh Colony, Majanu Hills Road, Aurangabad Through its Power of Attorney Holder Akhiloddin Wahiuddin Khajamiya Kazi, aged about 60 years, Occ: Retired Head Master, R/o. Zakir Husain Ward, Umarkhed, Dis. Yavatmal.

..RESPONDENT Mr S.D. Chopde, Advocate for petitioner;

Mr M.M. Papiwar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st MARCH, 2017 ORAL ORDER :

By order impugned, the petitioner-accused was refused opportunity to refer cheque in question to the opinion of hand writing expert, as he is facing prosecution under Section 138 of the

21.16crwp (2) Negotiable Instruments Act.

2.

Perused the reply of the notice under Section 138 and application Exhibit-16.

3.

In my opinion, in the interest of justice will sub serve, in case the trial kept in abeyance for period of ten weeks from today with liberty to the present petitioner to produce on record opinion of the hand writing expert in regard to disputed cheque.

4.

With above observations, present writ petition stands disposed of.

(N.W. SAMBRE, J.) Tupe