Supreme Court · 2009 INSC 968 · Decided 29 July 2009
G. Someshwar Rao v. Samineni Nageshwar Rao & ANR. ETC.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 968 · [2009] 11 S.C.R. 676
- Case number
- CRIMINAL APPEAL No. 1353/2009
- Decided
- 29 July 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 243(2), 243; Evidence Act Section 45, 73; Constitution Article 21; NI Act Section 21, 1348
Headnote
~· Code of Criminal Procedure, 1973 - s.243(2) - .,, Complaint of dishonour of cheque - Accused disputing the c document, seeking its examination by handwnting expert - Denied by courts below - On appeal, held.· accused, though entitled to fair trial and entitled to lead evidence to not absolute - Such right cannot be taken recourse to for delaying the proceedings - On facts, conduct D of the accused shows that he intended to delay the disposal of the matter- Opportunity granted to the accused to examine ). - an expert at his own cost - Evidence Act, 1872 - ss. 45 and 73 -
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