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Bombay High CourtWP/2247/2019others disposed off

Dhananjay@Tulsidas Maruti Trimbake v. The State Of Maharashtra And ANR.

2019-07-05Hon'Ble Shri Justice S.S. Shinde2 pages

Bhagyawant 33 wp 2247­19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2247 OF 2019 Dhanajay @ Tulsidas Maruti Trimbake

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Tejas Hilage for petitioner.

Mr. Vinod Chate, APP for Respondent/Statae.

CORAM :

S. S. SHINDE, J DATE :

5th July 2019.

P.C.

1.

Aggrieved by the impugned order thereby rejecting the prayer of the petitioner to sent the cheque to the handwriting expert. Learned counsel appearing for the petitioner submits that, the petitioner was not a party to the agreement and it is submitted that no prejudice would be caused to the complainant if the cheque is sent to the handwriting expert and expert's report is received. Learned counsel also invites attention of this Court to the pleadings, grounds taken in the petition and annexures thereto and submit that petition deserves to be allowed.

2.

Upon perusal of the order passed by the Sessions Court and in particular observation made in Para 22 thereof it appears that the application was filed at the fag end of the trial when the matter is posted for final arguments. The case is arising out of provisions of Negotiable Instruments Act,

Bhagyawant 33 wp 2247­19.doc 1881 wherein the provisions of the said Act mandates that, proceedings are required to be disposed of within six months from the institution of such complaint. In that view of the matter and the fact that the application is filed at the fag end of the trial, impugned order needs no interference. Hence, petition stands rejected.

[S. S. SHINDE , J]