S.138 NI Act | Gujarat High Court Sends Disputed Cheque To Handwriting Expert ‘In Larger Interest Of Fair Trial’

Case: Shashikant Shamaldas Patel VS State Of Gujarat

Coram: Justice Gita Gopi

Case No.: R/SCR.A/11178/2021

Court Observation: “As the law places the burden on the accused, he must be given an opportunity to discharge it. An accused has a right to fair trial. He has a right to defend himself as a part of his human as also fundamental right as enshrined under Article 21 of the Constitution.”

“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.”

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Keywords

S.138 NI Act, Disputed Cheque To Handwriting Expert