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TMI Blog2021 (7) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... ot sent to an expert for comparison, it would amount to denying a fair trial to the accused. The application of the petitioners shall appropriately be allowed to send the money receipt to a handwriting expert for comparing the signature of the accused with those in admitted documents - Trial Court are set aside and the learned Trial Court is directed to send the money receipt in question to a handwriting expert for comparison with the signature of the accused present in admitted documents - application disposed off. - C.R.R. No. 364 of 2020 - - - Dated:- 5-2-2021 - Jay Sengupta, J. For the Appellant : Aniruddha Bhattacharya, Advocate For the Respondents : Ayan Bhattacharya, Amit Muhuri and Rituparna Chatterjee, Advocates ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Session Judge. The learned revisional Court further erred on facts in holding that the application was made after the examination of the accused under Section 313 of the Code. In any event, it will be open to the accused to make such a prayer even after the examination of the accused under Section 313 of the Code. Reference is made to paragraph 8 of the supplementary affidavit by the petitioners and it is submitted that at the time when a resolution of the local Bar Association not to pass any adverse order was in force, the learned trial Court closed the evidence of the defence and the petitioners were constrained to move a revisional application before the learned Session Court. The learned Session Court was pleased to set aside the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e if the signature is sent to a handwriting expert for comparison. 7. The learned Magistrate purportedly invoked under Section 73 of the Evidence Act and tried to compare a signature of the accused present on different documents. However, it appears that he did not compare the signature of the accused present on the alleged money receipt. Therefore, this exercise was a futile one. 8. The learned revisional Court seems to have erred in holding that the application for seeking the handwriting expert's opinion was filed after the examination of the accused under Section 313 of the Code. In any event, even after examination of the accused under Section 313 of the Code, an accused can seek the opinion of a handwriting expert. On this r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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