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2020 (3) TMI 1341 - HC - Indian LawsDishonor of Cheque - application filed by petitioner for sending the cheque to the Forensic Science Laboratory, Thiruvananthapuram to obtain opinion regarding the handwriting of the entries in the cheque - respondent filed objection to the aforesaid application contending that the intention of the petitioner was only to protract the case and to cause delay in the disposal of the case. HELD THAT:- The petitioner/accused has also no case that she had filled up the cheque in her own handwriting - When, neither the complainant nor the accused, has got a plea that the accused herself made the entries in the cheque, it eludes comprehension why the cheque should be sent for obtaining an opinion of the expert with regard to the handwriting of the entries in it. When the accused admits the signature in the cheque, it is immaterial whether some other person had made the entries in the cheque or filled it up. Even if some other person had filled up the cheque, it does not in any way affect the validity of the cheque - there are no illegality or impropriety in Annexure-A order passed by the learned Magistrate. The intention of the petitioner/accused was only to protract the proceedings in the case. The challenge made to Annexure-A order fails. The petition is liable to be dismissed. Petition dismissed.
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