The court emphasized the importance of fair trial and the ability of the petitioner to examine a handwriting expert in defense.

1. - Petitioner has approached this Court by way of filing instant petition under Section 482 Cr.P.C. praying inter-alia that the order dated 26.07.2013 passed by the trial Court, whereby the prayer of the petitioner to send the cheque to the Rajasthan State Forensic Science Laboratory, Jaipur has been declined, be quashed.

2. The learned counsel appearing for the petitioner submitted that the body of the cheque was filled by the complainant and, hence, it is necessary to send the cheque to the Rajasthan State Forensic Science Laboratory, Jaipur.

3. This Court on number of occasions has observed that the F.S.L. lack necessary infrastructure and the reports regarding murder and rape cases are not being processed and submitted to the Courts within a reasonable period. Therefore, working of the F.S.L. cannot be chocked by sending cheques pertaining to the Negotiable Instruments Act.

4. Furthermore, in the facts and circumstances of the case, the petitioner can always examine hand writing expert in defence to prove his argument that the body of the cheque was filled by the complainant. As until rebutted, presumption is always in favour of the holder of the cheque.

5. Therefore, the present petition is disposed of with the direction that the petitioner, if so advised, may file an application to examine hand writing expert in defence. This Court has no doubt that as and when such an application is filed, the same shall be dealt with and decided by the trial Court in accordance with the provisions of law keeping principle of fair trial into consideration.Petition Disposed of.

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