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2019 (2) TMI 392 - HC - Indian LawsDishonor of Cheque - Examination of handwriting contained in the impugned cheque - Section 45 of the Evidence Act - relief granted of getting the age of handwriting of impugned cheques examined by some handwriting expert, even when the petitioner therein (respondent herein) have not prayed or requested for the same - Held that:- the accused/respondent has taken a defence that he has never issued any cheques in favour of the petitioner, some of his cheques were stolen by someone and amounts of the cheques is filled by forging them. In such situation, the learned Revisional Court has rightly held that in view of the presumption available in favour of the complainant, the accused/respondent should be granted an opportunity to rebut that presumption. Reliance placed on the judgment of Hon'ble Supreme Court passed in the case of T. Nagappa Vs. Y. R. Muralidhar [2008 (4) TMI 789 - SUPREME COURT OF INDIA], where the court being the master of the proceedings must determine as to whether the application filed by the accused in terms of sub-section (2) of Section 243 of the Code is bona fide or not or whether thereby he intends to bring on record a relevant material. The Revisional Court has rightly granted the relief to the respondents - petition dismissed - decided against petitioner.
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