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2015 (12) TMI 1876 - MADRAS HIGH COURTDishonor of Cheque - defence of forgery - petitioner can be be precluded from taking steps in Law to prove her innocence and preventing the same will lead to serious miscarriage of justice or not - real grievance of the Revision Petitioner/Accused is that she is entitled in law to take any type of defence till the conclusion of the trial of a case and in this regard, the valuable right of the Revision Petitioner/Accused cannot be taken away abruptly because of the simple reason that the 'Defence of Forgery' was not taken at the earliest point of time - principles of natural justice. HELD THAT:- One cannot brush aside a very vital fact that a 'Fair Trial' includes fair and adequate opportunities allowed by Law to establish ones innocence. It is to be remembered that adducing necessary oral or documentary evidence in support of a defence is a valuable right and if the same is denied, then it amounts to 'denial of fair trial', as opined by this Court. That apart, Section 243 authorises the defence to project an application for summoning the witnesses and imposes a duty upon the Court to summon such witnesses. A Court of Law cannot avoid /shirk the duty unless it considers that such petition ought to be refused for any of the reasons mentioned in the sub-section, in the considered opinion of this Court. It cannot be gainsaid that what must be the nature of evidence to be adduced by a person/accused should be left the discretion of a party/accused and the same should not be left within the ambit of a Court. Also, it cannot be frightened that the right of an accused to lead evidence in his defence is not absolute. Notwithstanding the presumption that can be raised under Section 118 (a) or 139 of Negotiable Instruments Act, 1881, an opportunity of rebuttal must be granted to an accused for adducing evidence to discharge it. This Court taking note of the peculiar facts and circumstances of the present case and also this Court bearing in mind a prime fact that a Court of Law is to consider an application filed by the Petitioner/Accused praying for comparison of a signature on a disputed document with her admitted signature on its own merits and if an opportunity is granted to the Petitioner/Accused to substantiate her case, then no prejudice would be caused, this Court comes to an irresistible and inevitable conclusion that the view taken by the trial Court with a view to protract the proceedings of the main case etc., are not legally tenable in the eye of Law. Petition allowed.
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