Shri Prakash Sevantilal Vora vs The State Of Maharashtra on 12 January, 2011
20. As regards the judicial pronouncement relied upon by
the learned Counsel for respondent no.1, in the case of Prakash
Sevantilal Vora Vs. The State of Maharashtra & another, it is
apparent that the said case pertains to the application preferred by
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the accused for sending the disputed cheque to the handwriting
expert in respect of alleged alteration thereon and it was observed
that it was not necessary to send the cheque to handwriting expert
for that purpose and accordingly, the said application came to be
dismissed, finding that it was preferred to protract the trial. But
so is not the position in the instant case, and in the present case,
accused has preferred the application to send the documents at
Exhibits 29/1 and 29/2 i.e. diary and chit along with admitted
handwriting of the complainant, to the handwriting expert for
comparison and for obtaining his opinion, and there is no prayer
of the accused to send any cheque to the handwriting expert for
obtaining his opinion in respect of alterations therein, and hence,
the observations made in the case, cited supra, and the ratio laid
down therein will not be applicable in the instant case, and same
will not be of any aid and assistance to the complainant herein.