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2021 (7) TMI 737 - HC - Indian LawsDishonor of Cheque - legality of signature on a money receipt which forms the basis of consideration behind the cheque in question - refusal to to send the document in question to a handwriting expert quite sometime ago - HELD THAT:- The learned revisional Court seems to have erred in holding that the application for seeking the handwriting expert's opinion was filed after the examination of the accused under Section 313 of the Code. In any event, even after examination of the accused under Section 313 of the Code, an accused can seek the opinion of a handwriting expert - If the purported money receipt is not sent to an expert for comparison, it would amount to denying a fair trial to the accused. The application of the petitioners shall appropriately be allowed to send the money receipt to a handwriting expert for comparing the signature of the accused with those in admitted documents - Trial Court are set aside and the learned Trial Court is directed to send the money receipt in question to a handwriting expert for comparison with the signature of the accused present in admitted documents - application disposed off.
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