cheque

rsagarjain (Querist) 05 August 2009 This query is : Resolved
Complaint u/s 138 NIA, before recording of statement of accused, can the accused file an application for sending the cheque to handwriting expert in respect of his signautres on the cheque. (with case law)

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K.C.Suresh (Expert) 06 August 2009
After the complaint taken on file

Deekshitulu.V.S.R (Expert) 06 August 2009
Mr Suresh

Unless the complaint is taken on file and process was issued there is no question of recording the statement of the accused. Hence your view is wrong

Nextly, there is no time limit or a particular step after which the accused can seek expert opinion on the cheque. Even under the Evidence Act, also no time is mentioned for seding the instrument for expert opinion. When once the accused enters appearance he can move the court for sending the cheque for comparision by expert.

Advocate SK Rohilla New Delhi (Expert) 06 August 2009
YES,

Kindly refer 2007 (1) UJ SC 0001, Kalyani Baskar vs. M.S. Sampornam

Kiran Kumar (Expert) 06 August 2009
Kalyani Bhaskar v/s M.S Sampooran

2007(1)Apex Court Judgments 524

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