Prasanta Kumar Patra vs Ashok Kumar Sahoo

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 771

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.PUJAHARI,
Prasanta Kumar Patra – Appellant
Versus
Ashok Kumar Sahoo – Respondent

Table of Content
1. delay in trial and implications on justice. (Para 2 , 4)
2. right to fair trial includes opportunity to adduce evidence. (Para 5 , 8)
3. interrogating the role of handwriting evidence in trial. (Para 6 , 7 , 9)
4. presumptions under negotiable instruments act. (Para 11)
5. dismissal of application due to lack of merit. (Para 12 , 13 , 14)

ORDER :

1. This matter is taken up through hybrid mode.

3. Heard the learned counsel for the Petitioner and the learned counsel for the Opposite Party-Complainant.

5. Learned counsel for the Petitioner submits that defend oneself is a fundamental right guaranteed under the Constitution of India. For the purpose, when the Petitioner wants to adduce defence evidence to rebut the presumption that the complainant was the holder of the cheque in due course and the cheque was drawn by the Petitioner for discharge of any debt or liability either partly or wholly seeing that he had not drawn the cheque as the body of the cheque was not filled by him, the trial court could not have refused to allow such prayer of the Petitioner. In this regard he has placed reliance on the decisions of the Apex Court in the cases of G. Someshwar Rao v. Samineni