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TMI Blog2015 (7) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the learned Public Prosecutor for the respondent No. 2/State. 2. Perused the material on record. 3. The case of the complainant is that the accused issued cheques for the amount due, which is legally enforceable debt for the supply of empty bottles. The defence of the accused leave about no reply given to the statutory notice for any inference if at all during trial (para-15 of Rangap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion Petition No. 349 of 2013 on the file of IV Additional Metropolitan Sessions Judge, Hyderabad, and the learned judge dismissed the same on 19.02.2014 with observation at para-13, which reads as follows: T. Nagappa v. Y.R. Muralidhar 2008 (3) ALT (Crl.) 62 (SC) : 2008 Scale 6-642(SC). That was a case where the facts available for consideration before their Lordships were that in the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. This observation of the learned Judge in brushing aside the expression of the Apex Court result dismissal of the petition. A perusal of the above preposition clearly speaks supporting the above 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary disposal. Taking consideration of the same, the petitioner is directed to deposit ₹ 10,000/- (Rupees Ten thousand only) within one week from the date of receipt of a copy of this order before the trial Court and pursuant to which the trial Court send Exs. P1 and P2 with specimen writings if any and the available writings on record to the handwriting expert referring the documents for opi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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