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2019 (7) TMI 1946 - HC - Indian LawsDishonor of cheque - rebuttal of presumption - submission is that a presumption runs against the signatory of the cheque even if the contents were not filled in by him - HELD THAT - The petitioners as accused persons facing trial on a criminal charge are entitled to raise all defences available to them in law and prove facts as may be sufficient to rebut the effect of the presumption that may be invoked by the opposite side. At the same time in a criminal case arising out of a private complaint it is not proper to seek reference to such mater for opinion by Government Examiners of Questioned Documents who are otherwise overloaded with their work arising out of the police cases. The Metropolitan Magistrate will facilitate opportunity to the hand- writing expert that may be engaged by the petitioners for examining and taking photographs of the questioned documents in the court and thereafter give reasonable time for his opinion to be brought on record. At the same time caution is administered that the needful will have to be done within one month from today by the petitioners and no undue indulgence for enlargement of time for opinion to be brought on record will be taken. Petition disposed off.
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