2014 Supreme(Raj) 1545
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Sawai Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Petition No.2535 of 2014.
Decided On : 03-07-2014
For the Petitioner:M.P. Singh, Advocate.
For the State: Sudesh Saini, Public Prosecutor.
For the Complainant:Sandeep Sharma, Advocate.
The court emphasized the importance of fair trial and the ability of the petitioner to examine a handwriting expert in defense.
Headnote:
Forensic Science Laboratory - Cheque - The court declined the petitioner's request to send the cheque to the Forensic Science Laboratory, stating that the F.S.L. lacked necessary infrastructure and that the petitioner could always examine a handwriting expert in defense to prove their argument.
Fact of the Case:
The petitioner sought to quash the trial court's order declining the request to send the cheque to the Forensic Science Laboratory.
Finding of the Court:
The court found that the F.S.L. lacked necessary infrastructure and that the petitioner could examine a handwriting expert in defense. The petition was disposed of with the direction for the petitioner to file an application to examine a handwriting expert if advised.
Issues: The issue was whether the trial court's order declining the request to send the cheque to the Forensic Science Laboratory should be quashed.
Ratio Decidendi: The court decided that the F.S.L. cannot be burdened by sending cheques pertaining to the Negotiable Instruments Act and that the petitioner could always examine a handwriting expert in defense.
Final Decision: The petition was disposed of with the direction for the petitioner to file an application to examine a handwriting expert if advised.
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