https://www.taxtmi.com/caselaws?id=198775 Under Section 243(2) CrPC, an accused who has entered defence may seek production of a document or thing necessary for defence, and refusal is permissible only where the request is vexatious, dilatory, or intended to defeat justice, with reasons recorded. In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque formed the basis of the case, so examination by a handwriting expert on the signature was relevant to the accused's defence. Denying that opportunity would impair a meaningful rebuttal and affect trial fairness. The request to send the cheque for expert opinion should have been allowed, and the Magistrate's refusal, upheld by the High Court, was unsustainable. en-us Mon, 11 Dec 2006 00:00:00 +0530 Fri, 09 Feb 2024 16:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198775 Under Section 243(2) CrPC, an accused who has entered defence may seek production of a document or thing necessary for defence, and refusal is permissible only where the request is vexatious, dilatory, or intended to defeat justice, with reasons recorded. In a prosecution under Section 138 of the Negotiable Instruments Act, the cheque formed the basis of the case, so examination by a handwriting expert on the signature was relevant to the accused's defence. Denying that opportunity would impair a meaningful rebuttal and affect trial fairness. The request to send the cheque for expert opinion should have been allowed, and the Magistrate's refusal, upheld by the High Court, was unsustainable. Case-Laws Indian Laws Mon, 11 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198775