TMI Blog2021 (3) TMI 888X X X X Extracts X X X X X X X X Extracts X X X X ..... he shall be permitted to lead his further evidence by placing the certificate under Section 65B of Indian Evidence Act while marking the document. In order to prove his defence, an opportunity is to be given to the accused, who has been examined as DW.1. Petition allowed. - WRIT PETITION NO.14324/2019(GM-RES) - - - Dated:- 19-2-2021 - HON'BLE MR. JUSTICE H.P. SANDESH PETITIONER (BY SRI K.S. RAJESH GOWDA, ADVOCATE) RESPONDENT (BY SRI ROHITH SWAMY B.S., ADVOCATE (ABSENT)) O R D E R This petition is filed under Articles 226 and 227 of Constitution of India read with Section 482 of Cr.P.C. praying this Court to quash the order dated 15.02.2019 vide Annexure-E passed in C.C.No.76/2017 by issuing a writ of certior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch certificate signed and issued by a person who is responsible for the official position in relation to the operation of the relevant device, they are not admissible under the said Section. Admittedly, the said documents are not accompanied with any such certificate issued by a person holding the responsible official position in relation thereto. Hence, there cannot be any order allowing the petitioner to produce those documents. The other application is filed under Section 45 of the Indian Evidence Act to send the documents for handwriting expert so as to identify the admitted writings. 3. The learned Trial Judge considering the judgment of the Apex Court in the case of BIR SINGH V. MUKESH KUMAR has come to the conclusion that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Magistrate has rightly rejected the same when the accused has not disputed the signature available on the cheque. 5. In view of the ratio laid down in Bir Singh s case, the contention that the other documents are in the handwriting of the different persons, is not a ground. Hence, in the case on hand, I do not find any error committed by the learned Magistrate in rejecting the application filed under Section 45 of the Indian Evidence Act. 6. In view of allowing the application filed under 65B of the Indian Evidence Act, the witness DW.1 is to be recalled and he shall be permitted to lead his further evidence by placing the certificate under Section 65B of Indian Evidence Act while marking the document. In order to prove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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