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TMI Blog2019 (7) TMI 1946X X X X Extracts X X X X X X X X Extracts X X X X ..... lable to them in law and prove facts as may be sufficient to rebut the effect of the presumption that may be invoked by the opposite side. At the same time, in a criminal case arising out of a private complaint, it is not proper to seek reference to such mater for opinion by Government Examiners of Questioned Documents, who are otherwise overloaded with their work arising out of the police cases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are facing criminal prosecution in complaint case (CC 628454/2016) instituted by the respondent bank wherein accusations have been levelled against them of indulgence in certain acts of commission and omission constituting offences punishable under Section 138 of the Negotiable Instruments Act, 1881 respecting a particular cheque. It is pointed out that in answer to the notice under Section 251 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o contested by the petitioners. The complainant s evidence has been concluded, the case now being at the stage of defence evidence. The petitioners had moved an application before the Metropolitan Magistrate seeking reference of the said questioned documents for opinion by a Government Examiner of Questioned Document regarding the authorship of the writings / signatures in dispute. The said req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho are otherwise overloaded with their work arising out of the police cases. The petitioners contention is that the impugned questioned writings on the cheque were filled in by an employee or representative of the bank. The petitioners counsel submitted at this stage that he will be satisfied if liberty is given to the petitioners to engage a hand-writing expert of their choice and seek his opin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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