HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32242 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant for quashing the impugned order dated 10.07.2025 passed by Civil Judge (J.D.)/F.T.C. First, Banda in Case No. 807/Nau/2024 (Smt. Arti Shivhare Versus Smt. Renu Goyal), under Section 138 of the Negotiable Instruments Act, Police Station Kotwali Nagar, District Banda, pending in the court of Civil Judge (J.D.)/F.T.C. First, Banda. 3. It is submitted by learned counsel for the applicant that the present case arises out of Section 138 of N.I. Act. Learned counsel for the applicant further submits that opposite party no. 2 had filed a complaint in respect of dishonour of cheque before the court concerned and the applicant came to know about the aforesaid proceedings. The applicant has also lodged first information report dated 17.4.2023 under Sections 379, 419 and 420 of I.P.C. Learned counsel for the applicant further submits in the aforesaid case the Investigating Officer has preferred an application before the court concerned for sending the disputed cheque to the handwriting expert as the same is required during investigation. The aforesaid application has been rejected by the court concerned by the impugned order. Learned counsel for the applicant further submits that the court concerned had rejected the application on the ground that there is possibility of interpolation in the cheque if the same is released to the Investigating Officer for investigation. Learned counsel for the applicant further submits that Investigating Officer requires the cheque to examine the validity of the cheque as the applicant has lodged first information report that the cheque in question does not contain signature of the applicant. 4. It is to be seen that under a collateral proceedings any document is filed before the court concerned then the court concerned is not required to release the document to the Investigating Officer for sending the same to the Versus Counsel for Applicant(s) : Deepak Dubey, Gyanendra Singh Counsel for Opposite Party(s) : G.A. Smt Renu Goyal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) handwriting expert in respect of the proceedings arising out of first information report. The Investigating Officer in the aforesaid case is always entitled to apply before the court concerned for inspection of the required document along with handwriting expert so that the handwriting expert can examine the document and also take photographs of the aforesaid documents. However, the court concerned cannot release the document in favour of the Investigating Officer who is not a party to the complaint case. In the present case the entire procedure is not followed and the court concerned could not have release the disputed cheque in question in favour of the Investigating Officer. There is no need to interfere in the impugned order, however, this Court observes that it is always open for the Investigating Officer to apply before the court concerned for inspection of required cheque and inspection can be carried out by the Investigating Officer along with handwriting expert and handwriting expert can always be permitted by the court concerned to take photographs as may be required for his examination. 5. Accordingly, the application under Section 528 BNSS is dismissed. October 9, 2025 VMA NA528 No. 32242 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad