ORAL ORDER

1. By way of this writ application filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., the applicant – original complainant of Criminal Case No. 19611 of 2009, has challenged the legality of the order dated 18.04.2022 passed below Exh. 97, by which 22nd Additional Judicial Magistrate Court at Surat, referred the disputed cheque and other documents for the opinion of private hand writing expert and also summoned the private hand writing expert Mr. J.J. Dave as a defense witness.

2. Facts and circumstances giving rise to file the present application are that, the father of the applicant had instituted a private complaint against the respondent no. 2 for the alleged offence punishable under Section 138 of the Negotiable Instrument Act, 1881. When the case reached at the defense evidence, the respondent no. 2 moved an application Exh. 97 for sending the cheques and other documents to the private hand writing expert Mr. J.J. Dave, Surat to obtain his opinion regarding the hand writing of the signature in the cheque and also prayed for issuance of summons on Mr. J.J. Dave. Vide order dated 18.04.2022, the learned trial Court by allowing th