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2021 (3) TMI 888 - HC - Indian LawsDishonor of Cheque - documents sought for handwriting expert so as to identify the admitted writings - rejection of application u/s 45 of the Indian Evidence Act - HELD THAT:- In view of the ratio laid down in Bir Singh’s case [2019 (2) TMI 547 - SUPREME COURT], the contention that the other documents are in the handwriting of the different persons, is not a ground. Hence, in the case on hand, I do not find any error committed by the learned Magistrate in rejecting the application filed under Section 45 of the Indian Evidence Act. In view of allowing the application filed under 65B of the Indian Evidence Act, the witness DW.1 is to be recalled and he shall be permitted to lead his further evidence by placing the certificate under Section 65B of Indian Evidence Act while marking the document. In order to prove his defence, an opportunity is to be given to the accused, who has been examined as DW.1. Petition allowed.
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