TMI Blog2018 (7) TMI 2079X X X X Extracts X X X X X X X X Extracts X X X X ..... abling the same to be compared by a 2 of 4 handwriting expert because even in adopting this course, the purpose is to enable the Magistrate to compare the disputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The appellant is entitled to rebut the case of the respondent and if the document viz. the cheque on which the respondent has relied upon for initiating criminal proceedings against the appellant would furnish good material for rebutting that case, the Magistrate having declined to send the document for the examination and opinion of the handwriting expert has deprived the appellant of an opportunity of rebutting it. The appellant canno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if any. There is no hurdle for examination of handwriting expert in respect of a particular document. 3. Per contra, learned counsel for the respondent while resisting the contention of learned counsel for the petitioners submitted that there is no 1 of 4 error committed by the JMIC, Chandigarh in Annexures P1 and P2. Learned counsel for the petitioner relied on Section 20 of the Negotiable Instruments Act which shows that only signatures are relevant. Therefore, question of examinatioon of handwriting expert may not be necessary. 4. Heard learned counsel for the parties. 5. Crux of the matter in the present petition is whether petitioner can seek necessary relief in respect of examining handwriting ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed signature or writing with the admitted writing or signature of the accused and to reach his own conclusion with the assistance of the expert. The appellant is entitled to rebut the case of the respondent and if the document viz. the cheque on which the respondent has relied upon for initiating criminal proceedings against the appellant would furnish good material for rebutting that case, the Magistrate having declined to send the document for the examination and opinion of the handwriting expert has deprived the appellant of an opportunity of rebutting it. The appellant cannot be convicted without an opportunity being given to her to present her evidence and if it is denied to her, there is no fair trial. Fair trial includes fair a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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