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Bombay High Court

VISHAL N. BHUPTANIversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The trial court's order rejecting the applications to send the cheques to a handwriting expert is upheld as lawful.

Summary

The petitioners, Vishal and Vaibhavi Bhuptani, filed several writ petitions challenging the trial court's orders rejecting their applications to send disputed cheques to a handwriting expert for signature verification. They contended that the cheques, given as security for a hand loan, were not signed by them and that inconsistencies in the complaint affidavit warranted expert analysis. The respondents argued that the applications were intended to delay the criminal proceedings and that the accused had not contested the signatures during cross‑examination. The trial court observed that the accused had not denied the signatures, that Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, already empowers the court to compare signatures without an expert, and that the applications were filed to protract the trial. Relying on these observations, the court held the orders rejecting the expert applications were lawful. Consequently, all the writ petitions were dismissed without any order as to costs.

Issues considered

  • Whether the trial court erred in rejecting the petitioners' application to refer the disputed cheques to a handwriting expert.
  • Whether Section 72 of the Bharatiya Sakshya Adhiniyam, 2023, provides sufficient power to the court to compare signatures without expert assistance.
  • Whether the applications were filed merely to delay the criminal proceedings.

Legislation cited

Subjects

  • handwriting expert
  • signature verification
  • Section 72
  • Bharatiya Sakshya Adhiniyam
  • criminal procedure
  • writ petition
  • High Court of Bombay
  • Article 227
  • evidence
  • cheque dispute

Judgment

                                                                            909.WP-2985.26.DOC




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                            (909) WRIT PETITION NO. 2985 OF 2026

                                Vishal N. Bhuptani                         … Petitioner
                                V/s.
             Digitally signed
PRACHI
             by PRACHI
             PRANESH
                                State of Maharashtra & Anr.                …. Respondents
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.09.11
             21:28:19 +0530
                                                            WITH
                                            (910) WRIT PETITION NO. 2989 OF 2026

                                Vaibhavi N. Bhuptani & Anr.                … Petitioners
                                V/s.
                                State of Maharashtra & Anr.                …. Respondents

                                                            WITH
                                            (911) WRIT PETITION NO. 2990 OF 2026

                                Vaibhavi Vishal Bhuptani                   … Petitioner
                                V/s.
                                State of Maharashtra & Anr.                …. Respondents

                                                            WITH
                                            (912) WRIT PETITION NO. 2991 OF 2026

                                Vaibhavi Vishal Bhuptani                   … Petitioner
                                V/s.
                                State of Maharashtra & Anr.                …. Respondents

                                                            WITH
                                            (913) WRIT PETITION NO. 2997 OF 2026

                                Vishal N. Bhuptani                         … Petitioner
                                V/s.
                                State of Maharashtra & Anr.                …. Respondents

                                                              WITH




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                 (914) WRIT PETITION NO. 3038 OF 2026

Vishal N. Bhuptani & Anr.                            … Petitioners
V/s.
State of Maharashtra                                 …. Respondent

                                 WITH
                 (915) WRIT PETITION NO. 3039 OF 2026

Vaibhavi Vishal Bhuptani                             … Petitioner
V/s.
State of Maharashtra                                 …. Respondent

                       ______________________
Mr. Yash Jain a/w Mr. Santosh Salekar i/by Halai & Co., for the
Petitioners.
Mr. Swapnil V. Walve, APP for the Respondent No.1-State.
Mr. D.V. Saroj for the Respondent No.2.
                          ______________________

                             CORAM : MADHAV J. JAMDAR, J.
                             DATED : 11 SEPTEMBER 2026
P. C. :-

1.         By all these writ petitions challenge is to the legality and

validity of orders, by which, applications for sending the cheques

in dispute to handwriting expert for comparing the handwriting

appearing in the body of cheques, were rejected.

2.         The impugned orders in all these 7 writ petitions are the

same. The details of the impugned orders are set out in a tabular

form submitted by the learned Counsel appearing for the




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Respondent No.2. The said tabular form is reproduced hereinbelow

for ready reference :-

          CMM
  Sr.               EXH      Date of    High Court
          Court                                           Parties Details
  No.               IBIT     Order      Case Details
          Details
           4357/                                         Vishal N Bhuptani
                                            WP/2985/
      1     SS/     71     11/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra
           4404/                                         Vishal N Bhuptani
                                            WP/2989/
      2     SS/     30     15/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra
           5715/                                         Vishal N Bhuptani
                                            WP/2990/
      3     SS/     42     15/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra
           1625/                                         Vishal N Bhuptani
                                            WP/2991/
      4     SS/     77     15/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra
           1143/                                         Vishal N Bhuptani
                                            WP/2997/
      5     SS/     76     15/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra
          4356 /                                         Vishal N Bhuptani
                                            WP/3038/
      6   SS/20     77     11/05/2026                         Versus
                                              2026
            21                                         State of Maharashtra
           4405/                                         Vishal N Bhuptani
                                            WP/3039/
      7     SS/     44     11/05/2026                         Versus
                                              2026
           2021                                        State of Maharashtra



3.        The main contention raised by the learned Counsel

appearing for the Petitioners is that the cheques were given as

security when the hand loan was given and the amount was paid

by the Petitioners and the cheques are written not by the

Petitioners, but by somebody else and, therefore, prayer is made to




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send the cheques in dispute to the handwriting expert.

4.    Learned Counsel appearing for the Petitioner also submitted

that there is variance in the affidavit which is referred in the

complaint and therefore the cheques are required to be sent to the

handwriting expert.

5.    On the other hand, the learned Counsel appearing for the

Respondent No. 2 submitted that in fact this is a case where the

application has been filed to protract the hearing of the criminal

complaint. The applications have been filed at the stage of

arguments. It is further submitted that during cross examination

the Petitioner i.e Accused admitted the signature.

6.    Perusal of the record shows that the learned Trial Court has

set out the reasons in paragraph nos. 4 and 5 which reads as

under:

      “4.     On perusal of the record, it is clear that, the accused
      during the cross-examination of the complainant has not
      challenged the issuance of Cheque in favour of the complainant
      along with the signature. Now, so far as the contention as regard
      in difference in the handwriting is concerned, there is no law
      which specifically makes it compulsory that the details/
      particulars including the signature of the person signing the
      Cheque should be in one and the same ink.

      5.       Secondly, during the cross-examination, it was tried to
      suggest that blank signed Cheque was issued and the alleged loan
      was given by the brother of the complainant and not by him. As
      such, it seems that the present application for sending the Cheque




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      to the handwriting expert has been filed just to protract the
      proceeding. Even otherwise, this court is having ample power to
      compare the writings appearing on the disputed Cheque by
      invoking power under section 72 of the Bharatiya Saksh
      Adhiniyan 2023, atleast for the limited purpose as sought by the
      accused. So also, assuming for a while, it is opined by the
      handwriting expert that there is difference in the hand-writing
      this by itself is not sufficient to exonerate the liability of the
      person signing the Cheque, because what is important for
      attributing liability is the signature of the person who has issued
      the Cheque and not anything else. Therefore, regard being had to
      the manner in which cross-examination of the complainant has
      been conducted, there appears no need to seek the opinion of the
      expert by referring the disputed Cheque as sought by the accused.
      the application being devoid of merit, deserves to be rejected.”
                                                         (Emphasis added)



7.    Thus the Learned Trial Court has taken into consideration

that Accused i.e. Petitioners during the cross-examination have not

challenged the issuance of cheques in favour of the complainants

as also not denied the signature. During cross-examination it was

tried to be suggested that blank signed cheques were issued and

the alleged loan was given by the brother of the complainant and

not by the Petitioners. The learned Trial Court has also observed

that the Court is having ample power to compare the writings

appearing on the disputed cheques by invoking the powers under

Section 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The

learned Trial Court has further observed that the application has

been filed to protract the proceedings.




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8.    Section 72 of the BSA to which reference is made by learned

Trial Court is as under:


      “72.     Comparison of signature, writing or seal with others
      admitted or proved.—
      (1) In order to ascertain whether a signature, writing or seal is
      that of the person by whom it purports to have been written or
      made, any signature, writing, or seal admitted or proved to the
      satisfaction of the Court to have been written or made by that
      person may be compared with the one which is to be proved,
      although that signature, writing or seal has not been produced or
      proved for any other purpose.
      (2) The Court may direct any person present in Court to write
      any words or figures for the purpose of enabling the Court to
      compare the words or figures so written with any words or
      figures alleged to have been written by such person.
      (3) This section applies also, with any necessary modifications, to
      finger impressions.”
                                                      (Emphasis added)



Thus it is clear that in order to ascertain whether a signature,

writing or seal is that of the person by whom it purports to have

been written or made, the Court is empowered to compare any

signature, writing or seal admitted or proved to the satisfaction of

the Court to have been written or made by that person with the

one which is disputed signature, writing or seal and for that

purpose even the power is there with the Court to direct any

person present in Court to write any words or figures for the

purpose of enabling the Court to compare the words or figures so




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written with any words or figures alleged to have been written by

such person.

9.       Thus, the impugned order passed is in accordance with law

and does not require any interference in the extraordinary and

discretionary jurisdiction under Article 227 of the Constitution of

India.


10.      Accordingly, all the Writ Petitions are dismissed, however

with no order as to cost.




                                          [MADHAV J. JAMDAR, J.]




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