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JASJIT SINGH BEDI
Rajesh Rana – Appellant
Versus
Parmod Kumar – Respondent
JUDGMENT
Jasjit Singh Bedi, J. - CRM-11460-2022
1. The applicant-petitioner has filed this application for placing on record a short affidavit along with annexures.
2. For the reasons mentioned in the application, the same is allowed and short affidavit along with annexures are taken on record.
CRM-M-45064-2019
1. The prayer in this petition is for quashing of the order dated 24.07.2019 (Annexure P-4) passed by the learned Judicial Magistrate, 1st Class, Karnal in Criminal Complaint No.425 dated 10.10.2014/20.02.2016 under Sections 138/141/142 of the Negotiable Instruments Act titled as Parmod Kumar Versus Welkin Agro Industries Pvt. Ltd. and others, whereby an application filed by the petitioner/accused to examine the fingerprint and handwriting expert has been dismissed.
2. The brief facts of the case are that the respondent/complainant filed the above mentioned complaint under the Negotiable Instruments Act, 1881 against Welkin Agro Industries Pvt. Ltd., Rajesh Rana and Narinder Kumar on the allegation that Rajesh Rana and Narinder Kumar were the Directors of Welkin Agro Industries Pvt. Ltd. and the petitioner issued a cheque of Rs.15 lakhs in favour of the respondent dated 31.08.2013
The accused should be granted an opportunity to adduce evidence in rebuttal if a contention is raised that the complainant misused the cheque.
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.
Once the signatures are admitted, the filling of the body of the cheque by another person is immaterial, and no useful purpose would be served by comparing the handwriting. The accused has a valuable....
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
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