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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 :
S.PUJAHARI, J.
1. This matter is taken up through hybrid mode.
2. This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 23rd October, 2021 passed by the learned S.D.J.M., Balsore in 1.C.C. No.318 of 2009 whereby the application filed by him for obtaining opinion of the handwriting expert with regard to the alleged manipulation/forgery committed by the Opposite Party on the cheque, has been rejected.
3. Heard the learned counsel for the Petitioner and the learned counsel for the Opposite Party-Complainant.
4. As it appears, the Petitioner is facing trial in a case punishable under Section 138 of N.I. Act for drawing offending cheque of amount of Rs.4,50,000/-. Though the case is triable by summery procedure, unfortunately it is lingering since 2009. None of the suc
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