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2021 (8) TMI 1338 - HC - Indian LawsDishonor of Cheque - examination of cheque through handwriting expert as per provisions of Section 45 of the Indian Evidence Act - Section 138 of the Negotiable Instruments Act, 1881 - whether the application of the petitioner for examination of handwriting expert is justifiable or not in view of specific facts and circumstance of the case? - HELD THAT:- It is crystal clear that the petitioner's right to lead evidence has been closed against which revision has been dismissed by the Sessions Judge and Criminal Misc. Petition by this Court as well as the SLP by Hon'ble the Supreme Court in G. Someshwar Rao Vs. Samineni Nageshwar Rao & another [2009 (7) TMI 1378 - SUPREME COURT] on the ground of delay. Thus, the petitioner has not availed the remedy of defence witnesses, but the reason assigned for not examining the evidence is that on the pretext of compromise arrived at between the parties, the evidence has not been led, therefore, it is well settled that an accused has a right to fair trial. He has a right to defend himself as a part of his human as also fundamental right as enshrined under Article 21 of the Constitution of India. The right to defend oneself and for that purpose to adduce evidence is recognized by the Parliament in terms of subsection (2) of Section 243 of the Code of Criminal Procedure. This Court can draw inference that from very beginning, the petitioner has built up the defence that the cheques have been misused by the respondent and opportunity to lead evidence was closed by the learned trial Court which was affirmed by the Revisional Court, this Court and SLP has also been dismissed by Hon'ble the Supreme Court. In such situation, if accused is not granted liberty for his possible defence, which he has taken right from the beginning, this will amount to denial of principle of natural justice as well as the law laid down by Hon'ble the Supreme Court. The order by which the Revisional Court has dismissed the revision and affirmed the order passed by Chief Judicial Magistrate, Korba (C.G.) is liable to be and is hereby quashed, subject to payment of cost of Rs. 20,000/- payable to the respondent - Petition allowed.
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