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SHAMPA DUTT (PAUL)
Pralay Choudhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred against an order dated 19th March, 2019 passed by the Learned Judicial Magistrate, Bidhannagar, North 24 Parganas in connection with Complaint Case No. C-687 of 2016 under Section 138 of the Negotiable Instruments Act, 1881, thereby rejecting the Petitioners’ prayer for obtaining an opinion of the handwriting expert in respect of the impugned cheque.
2. The prosecution case as alleged is to the effect that :
The Accused/Petitioner in order to discharge his liability in part issued an A/C Payee Cheque, bearing Cheque No. 111313 dated 30.09.2013, drawn on State Bank of Hyderabad, Brabourne Road Branch, Kolkata for an amount of Rs. 3,10,000/-. The Complainant deposited the same with his banker within its validity period but the same was returned with an endorsement ‘Funds Insufficient’. Thereafter, the Complainant on 20th December, 2013 sent the demand notice by Registered post with A/D to the Accused/Petitioner, thereby demanding the amount covered by the dishonoured cheque to be paid within 15 days from the date of receipt of the notice. The Accused/Petitioner even after receipt of the notice failed and/or negl
The main legal point established in the judgment is the accused's right to have a fair trial and the importance of conducting the trial expeditiously while preventing the accused from unnecessarily p....
The accused has the right to rebut the presumption of a legally enforceable debt and must be granted an opportunity to adduce evidence in rebuttal, including the examination of a handwriting expert.
The accused should be granted an opportunity to adduce evidence in rebuttal if a contention is raised that the complainant misused the cheque.
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