- (1.)RULE. Heard forthwith finally by consent of learned counsel for rival parties.
(2.)ORDER dated 18.8.2009 below Ex.124 in Summary Criminal Case No.517 of 2000 rejecting the application for referring the cheque (Ex.93-A) for hand writing expert's opinion is under challenge in the present application.
In support of the application, Mr.Kalwaghe learned counsel for the applicant argued, drawing my attention to Annexure-B, that the signature on the cheque is not that of the accused/applicant and this position is made clear in the application Ex.124, and it is on the basis of the said stand he made that application for reference to the hand writing expert.

Per contra, Mr.Naik learned counsel for the respondent, opposed the application and argued that the case pertains to the year 2000 and ten years have already passed. The application was made merely to protract the trial and the accused has never put any suggestion to the complainant that the signature is not of the applicant. He, therefore prayed for dismissal of the application.

(3.)I have gone through the impugned order so also through the application Ex.124. Whether or not the cheque in question is having the signature of the accused, particularly when the accused has gone on denial mode by saying so in his application Ex.124, and whether or not the signature is correct or not, is a matter to be decided on evidence. Opportunity to the accused to rebut the prosecution case against him cannot be denied even if his claim is ultimately found to be wrong. Opinion of hand writing expert at the cost of the accused will be necessary. Needless to say that the complainant is also entitled to dispute any such opinion given by hand writing expert in favour of the accused. In that view of the matter, I make the following order.
Criminal Application No.04 of 2010 is allowed. Impugned order below Ex.124 is quashed and set aside. Application Ex.124 is allowed in terms that the cheque in question will be sent to the hand writing expert at the cost of the applicant/accused. It is made clear that the applicant shall produce the report of hand writing expert within two months from today after making reference. Liberty is reserved in favour of the complainant to dispute the said report and take steps, as are advised in accordance with law. Since the case relates to the year 2000, the trial Court shall expedite the trial and complete the same within ten months from today.