2016 (9) TMI 1628

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....ction 482 of the Code of Criminal Procedure praying for setting aside the order dated 27th May, 2016 passed by the learned Metropolitan Magistrate, Saket District Court, Delhi in an application filed by the accused for sending the cheques and acknowledgement receipt for FSL examination in CC No. 142/6/2014 which is a criminal complaint under Section 138 of the Negotiable Instruments Act. 2. The....

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.... alleged that the respondent issued a legal demand notice under Section 138 of the N.I. Act dated 12th October, 2011 to the petitioner in which the respondent alleged dishonour of cheques amounting to Rs. 1,00,000/- and Rs. 50,000/- both dated 26th June, 2011. 4. The respondent filed a complaint case under Section 138 of the Negotiable Instruments Act in the Court of Learned ACMM, Saket Court C....

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....orensic Science Laboratory in which the petitioner alleged that the amount and date was subsequently written on the cheque. Therefore, the expert opinion was required regarding the age of the cheque signed and the other body of the cheque filled. 7. In support of his contention, learned counsel for the petitioner relied on the pronouncement of Hon'ble Supreme Court in T. Nagappa v. Y.R. Mur....

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....008) 5 SCC 633 in which it was observed that it is the accused who knows how to prove his defence and the court being the master of the proceedings must determine as to whether the application filed by the accused under sub-section (2) of Section 243 is bona fide or not. It was further observed that ordinarily an accused should be allowed to approach the court for obtaining its assistance with reg....