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2016 (9) TMI 1628 - HC - Indian LawsApplication filed by the accused for sending the cheques and acknowledgement receipt for FSL examination - demand of return of his cheques and passport, kept as security - extortion of money from the petitioner through forged documents - grant of opportunity of rebuttal - criminal complaint under Section 138 of the Negotiable Instruments Act or not - HELD THAT:- This Court has already observed in several cases that once a document is referred to FSL or CFSL, it normally takes four to five years in obtaining report. Since the complaint is pending since 2013, sending the cheque in question to the FSL would take another four to five years to bring the complaint for conclusion. In this case, the signature on the cheques is not disputed. Such an approach of the petitioner cannot be appreciated as it would tantamount to further delay of the conclusion of the complaint case. The complaint case was fixed for defence evidence. Counsel for the petitioner has relied upon a judgment in the case of T. Nagappa v. Y.R. Muralidhar [2008 (4) TMI 789 - SUPREME COURT] in which it was observed that it is the accused who knows how to prove his defence and the court being the master of the proceedings must determine as to whether the application filed by the accused under sub-section (2) of Section 243 is bona fide or not - the petitioner cannot get any assistance from the judgment in the case of T. Nagappa. This Court does not find any illegality or infirmity - Petition dismissed.
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