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TMI Blog2014 (11) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 - The approach of the Magistrate and also that of the Addl. Sessions Judge was totally erroneous and contrary to the well settled principles of law. Denying the accused an opportunity to establish the stand taken by him, would be totally unfair and unjust - It was a simple case where the accused wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 orders passed by the Magistrate and the Sessions Judge, be set aside and that the petitioner's application (Exhibit43) be allowed. 6 I have heard Mr.Nilesh Zalte learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 this conduct of the accused showed his intention to delay the matter. The Magistrate noted the defence of the accused i.e. 'that he had paid the entire amount of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 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, the Superior Courts and even the Apex Court have always upheld the right of an accused to adduce evidence in defence, and have added that not only such right is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issible. 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). Even in such cases, the law enjoins upon the Judge or the Magistrate, as the case may be, to record reasons for his decision. 17 The impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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