https://www.taxtmi.com/caselaws?id=302844 In a cheque dishonour prosecution, the Magistrate's discretion under Section 254(2) CrPC to summon defence evidence must be used to ensure fairness, but it is not unlimited. Where the cheque was admitted to be signed by the accused and the surrounding facts supported issuance by him, a request to send the cheque and acknowledgment card for handwriting expert opinion could be refused if the proposed examination would not materially assist the defence or rebut the statutory presumptions under the Negotiable Instruments Act. The refusal was held proper because the evidence sought would only delay the trial without adding real probative value. en-us Fri, 24 Mar 2006 00:00:00 +0530 Tue, 21 Jun 2022 11:42:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302844 In a cheque dishonour prosecution, the Magistrate's discretion under Section 254(2) CrPC to summon defence evidence must be used to ensure fairness, but it is not unlimited. Where the cheque was admitted to be signed by the accused and the surrounding facts supported issuance by him, a request to send the cheque and acknowledgment card for handwriting expert opinion could be refused if the proposed examination would not materially assist the defence or rebut the statutory presumptions under the Negotiable Instruments Act. The refusal was held proper because the evidence sought would only delay the trial without adding real probative value. Case-Laws Indian Laws Fri, 24 Mar 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302844