TMI Blog2016 (9) TMI 1628X X X X Extracts X X X X X X X X Extracts X X X X ..... ears to bring the complaint for conclusion. In this case, the signature on the cheques is not disputed. Such an approach of the petitioner cannot be appreciated as it would tantamount to further delay of the conclusion of the complaint case. The complaint case was fixed for defence evidence. Counsel for the petitioner has relied upon a judgment in the case of T. Nagappa v. Y.R. Muralidhar [ 2008 (4) TMI 789 - SUPREME COURT] in which it was observed that it is the accused who knows how to prove his defence and the court being the master of the proceedings must determine as to whether the application filed by the accused under sub-section (2) of Section 243 is bona fide or not - the petitioner cannot get any assistance from the judgment i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. It is further alleged that the respondent issued a legal demand notice under Section 138 of the N.I. Act dated 12th October, 2011 to the petitioner in which the respondent alleged dishonour of cheques amounting to Rs. 1,00,000/- and Rs. 50,000/- both dated 26th June, 2011. 4. The respondent filed a complaint case under Section 138 of the Negotiable Instruments Act in the Court of Learned ACMM, Saket Court Complex, New Delhi. It is further submitted that the respondent in the complaint further stated that he had given a friendly loan of Rs. 1,70,000/- to the petitioner on 27th November, 2009 and on 20th May, 2010, the petitioner had also taken Rs. 30,000/- from the respondent. The respondent had alleged that the petitioner had issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner that the cheques were not filled and signed by the same person. Counsel for the petitioner has relied upon a judgment in the case of T. Nagappa v. Y.R. Muralidhar (2008) 5 SCC 633 in which it was observed that it is the accused who knows how to prove his defence and the court being the master of the proceedings must determine as to whether the application filed by the accused under sub-section (2) of Section 243 is bona fide or not. It was further observed that ordinarily an accused should be allowed to approach the court for obtaining its assistance with regard to summoning of witnesses etc. 10. This Court has already observed in several cases that once a document is referred to FSL or CFSL, it normally takes four to five years in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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