The Tax Publishers 2018 TaxPub(CL) 0623 (Del-HC)

 

Bijender Singh v. Mukesh Gupta

 

NEGOTIABLE INSTRUMENTS ACT, 1881,

--Dishonour of cheque due to insufficiency of funds--Maintainability of revision petitionExamination of cheque by handwriting expert ----Where the Trial Court had taken away the statutory right of accused to refer the instrument for opinion of handwriting expert, then, the order of Trial Court was liable to be set aside.--Complainant-respondent filed a complaint under section 138 against the accused-petitioner. Accused filed an application to send the cheque in question for examination by the handwriting expert, but the same was declined by Trial Court. Being aggrieved, accused filed a revision petition against the order on the ground that he did not know the complainant and did not owe him any money. Further that, he had given cheque in question for payment of instalment of motorcycle purchased by him and the same was fraudulently handed over to the complainant. Held: Since Trial Court had taken away the statutory right of accused by refusing to refer the instrument for opinion of handwriting expert, therefore, the order of Trial Court was set aside.

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