https://www.taxtmi.com/caselaws?id=198553 An accused facing a prosecution under section 138 of the Negotiable Instruments Act must ordinarily be given a fair opportunity to rebut the complainant's case by leading relevant defence evidence under section 243(2) of the Code of Criminal Procedure, including expert examination of the cheque or handwriting. The accused's right to defend is part of fair trial protection under Article 21, and the request may be declined only if it is vexatious, delayed, or intended to defeat justice. A bona fide application is not defeated by a wrong citation of the enabling provision where the court otherwise has jurisdiction. en-us Thu, 24 Apr 2008 00:00:00 +0530 Thu, 14 Dec 2023 15:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198553 An accused facing a prosecution under section 138 of the Negotiable Instruments Act must ordinarily be given a fair opportunity to rebut the complainant's case by leading relevant defence evidence under section 243(2) of the Code of Criminal Procedure, including expert examination of the cheque or handwriting. The accused's right to defend is part of fair trial protection under Article 21, and the request may be declined only if it is vexatious, delayed, or intended to defeat justice. A bona fide application is not defeated by a wrong citation of the enabling provision where the court otherwise has jurisdiction. Case-Laws Indian Laws Thu, 24 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198553