2021 (7) TMI 737

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....Court, Calcutta in Complaint Case No. CS/0059534 of 2016 under Sections 138 and 141 of the Negotiable Instruments Act. 2. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the accused in this case. The complainant had relied on a money receipt purportedly signed by the accused to substantiate the consideration behind the cheque-in-question. An application was made by the petitioners on 01.03.2019 to have the signature on the money receipt compared with admitted signature of the accused by a handwriting expert. Thereafter, the accused was examined under Section 313 on 07.03.2019. The learned Magistrate went on to compare the signature of the accused on the 313 sheet with his signature on the Vaka....

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....ent complexion could be given to the entire defence case. The learned Magistrate did invoke Section 73 of the Evidence Act and compare the signature of the petitioners on admitted documents. As such, there were no need to send the documents in question to a handwriting expert to examine. The only reason for such an application to seek opinion of a handwriting expert was to delay the proceeding. 4. I have heard the submissions of the learned counsels appearing on behalf of the parties and have perused the revision petition and the supplementary affidavit. 5. It appears that the petitioners have challenged the order refusing to send the document in question to a handwriting expert quite sometime ago. The revisional application had remained ....