TaxTMI 
TaxTMI 
2014 (11) TMI 1261
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....ments Act, and arises on a complaint filed by the respondent no.1 herein. 5 The petitioner is aggrieved by an order dated 17th April 2012 passed by the Magistrate, Nashik, rejecting the petitioner's application (Exhibit43) for sending certain documents tendered by him in evidence, to the handwriting expert for examination and his opinion. The petitioner had challenged the said order by filing an application for revision in the Court of Sessions, but the Revision Application came to be dismissed. It is under these circumstances, that the petitioner has approached this Court by filing the present petition, invoking the jurisdiction of this Court under Article 227 of the Constitution of India, and its inherent powers, praying that the ord....
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.... bogus. The accused had, therefore, prayed to the Magistrate that the relevant signatures on those documents were required to be compared with the admitted signatures of the complainant which were available on the record of the case, and that therefore, it was necessary to forward the said documents along with the admitted signatures to an expert for his opinion on the identity or otherwise of the signatures. 9 The prayer made by the accused was reasonable and proper. 10 In the impugned order, the Magistrate held that the accused had no genuine dispute about the said documents, inasmuch as, had it been so, the accused would have filed the application (Exhibit43) at the earlier stage i.e. after his appearance. The Magistrate observed that ....
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....ayable by him to the complainant, and as such, the cheque could not have been said to have been issued in discharge of any legally enforceable debt, or other liability. He had categorically stated that the complainant had acknowledged the receipt of the said amounts. It is shocking that in spite of this categorical stand taken by the accused, neither the Magistrate, nor the learned Addl. Sessions Judge, felt the necessity of giving an opportunity to the accused to adduce evidence in support of his contention. 13 It goes without saying that the accused is entitled to have an opportunity to adduce evidence in defence. In fact, if the accused is denied an opportunity to adduce evidence, the trial would be vitiated. In similar circumstances, t....
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....ase where the accused wanted to adduce defence evidence. It was nobody's case that the evidence intended to be adduced, was irrelevant or inadmissible. When that was so, it was not open for the Magistrate to say that it was not necessary for the accused to adduce that evidence. 16 The impugned orders are patently illegal and contrary to the settled principles of criminal jurisprudence. The principle that defence evidence (which is not irrelevant or inadmissible) can be prevented from being adduced only if the Court considers that the prayer to adduce such evidence, is made for the purpose of vexation, or delay, or for defeating the ends of justice, has been recognized by the Code of Criminal Procedure. (see sections 233(3) and 243(2). ....