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2022 (8) TMI 412 - HC - Indian LawsDishonor of Cheque - petitioner had denied his right to fair trial which is enshrined in Article 21 of the constitution of India - HELD THAT:- The ground for rejection is just and proper, in as much as the petitioner got sufficient opportunity to exhibit and prove the same while he had examined two defence witness. Filing of the petition after closing of the evidence, that too while the case was posted for argument, naturally raised doubt about the bonafideness of the petitioner. This court is not oblivious of the fact that a fair opportunity is required to be given to both the parties; else their right to fair trial will be impaired. But, at the same time this court is also conscious of the fact that where two views are reasonably possible and the lower court has taken one view, the revisional court should not substitute its own view. The petitioner had admitted having issued the cheque in question to the complainant and also admitted his signature and also admitted that the seal thereon is of his firm. He further admitted having dues on Rs. 96,049/after payment of Rs. 10,000/, on 07.11.2016. He had also admitted having deals with J.S. Pharmaceuticals since 2014, and that he had issued the cheque in question as security to Mr. A.K. Saha, who was the Manager of J.S. Pharmaceuticals. This being the factual position, the petitioner cannot escape from discharging his reverse burden as held by the learned court below. This being the admitted factual position, the petitioner had no convincing answer as to what purpose will be served by sending the admitted cheque to the Central Forensic Science Laboratory for scientific opinion. Thus, to the considered opinion of this court, the learned court below has not committed any illegality or impropriety in rejecting the petition No. 7174, filed by the petitioner. Petition dismissed.
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