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2023 (10) TMI 1356 - HC - Indian LawsDishonour of Cheque - It is the case of the present petitioner that when the impugned cheque is produced before learned trial court the petitioner denied signature on that cheque - HELD THAT:- The criminal appeal was filed in the year 2019 against the judgment of conviction made in Criminal Case No.2005 of 2018. The petitioner came out with an application on 6.3.2023 for seeking relief for the opinion of the forensic expert about signature on the disputed cheque. It is important to note that an application Exh.38 was unsuccessfully moved by the petitioner before the learned trial Court. The order was never carried to challenge before higher Court. Moreover, the learned Session Judge has noted that no questions are raised to the complainant nor to the defence witness about signature on the disputed cheque. Thus, what appears that the petitioner by way of filing application Exh.35 aimed to prolong the proceedings of the criminal appeal. The petitioner remained silent for three years for moving such application even in the proceedings of the criminal appeal. Thus, it appears that the petitioner was thoroughly careless and negligent and now, under the pretext of one or another application, is trying to prolong the proceedings of the criminal appeal. Reply to statutory notice u/s 138(B) of the NI Act is first stage of prosecution where the accused can raise his defence. In the present case, learned advocate for the petitioner has failed to point out that the accused has raised defence at the relevant point of time when the opportunity was available and disputed that he has not signed the cheque. Thus, no case is made out to interfere with the impugned order under supervisory jurisdiction. Hence, present petition fails and stands dismissed.
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