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2015 (7) TMI 1419 - HC - Indian LawsHandwriting and age of ink used in the cheque - document referred to handwriting expert regarding the writings and age of the ink found in the said two cheques - HELD THAT - Supporting the defence of the accused that he did not give the cheques much less he did not fill the part of the columns of the cheques and those were filled by somebody and different writings to the original writings and ink also different and he sought for sending the same - Thus, the learned Magistrate committed error in not considering the request equally in confirming the order of dismissal by the learned Sessions Judge. The application is therefore deserves to allow. This Criminal Petition is allowed.
Issues:
Petition to quash order in Criminal Revision Petition, Misuse of blank cheques, Expert opinion on handwriting and ink age, Dismissal of petition based on Supreme Court ruling, Error in not considering defense, Setting aside orders, Directions for further proceedings. Analysis: The petitioners, A1 and A2, filed a Criminal Petition under Section 482 Cr.P.C. to quash the order dated 19.02.2014 in Criminal Revision Petition No. 349 of 2013 passed by the IV Additional Metropolitan Sessions Judge, Hyderabad. The case revolves around the issuance of cheques by the accused for a legally enforceable debt related to the supply of empty bottles. The defense of the accused is centered on the claim that the blank cheques were misused by the complainant, who manipulated and filled them with their company details. The accused sought to send the cheques for handwriting analysis, but the learned Magistrate dismissed the request. The revision filed by the accused was also dismissed by the Sessions Judge, citing a Supreme Court ruling that differed from the circumstances of the present case. The observation made by the learned Judge in dismissing the revision petition was based on the distinction in facts from the Supreme Court ruling cited. The Judge's decision resulted in the dismissal of the petition, despite the defense's argument that the accused did not issue the cheques and that they were filled by someone else. The defense highlighted the need for sending the cheques for handwriting analysis, which the Apex Court had previously recognized as a valid defense strategy. The error was identified in the failure to consider the defense's request, leading to the dismissal of the petition. Consequently, the High Court allowed the Criminal Petition, setting aside the orders passed by the Sessions Judge and the Special Magistrate. The Court directed the petitioner to deposit a sum of Rs. 10,000 within a week for further proceedings. The trial Court was instructed to send the cheques for handwriting analysis and to expedite the disposal of the case based on expert opinion and additional evidence that may be presented. The judgment emphasized the need to consider the defense's request for handwriting analysis and to ensure a fair and thorough examination of the evidence presented. This detailed analysis of the judgment highlights the legal intricacies involved in the case, focusing on the defense's argument regarding the misuse of blank cheques and the importance of expert opinion on handwriting and ink age. The Court's decision to set aside the previous orders and provide directions for further proceedings underscores the significance of upholding procedural fairness and considering all relevant evidence in criminal cases.
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