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BECHU KURIAN THOMAS
SANTHOSH K. S. S/O SUDHAN – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. Petitioner is an accused in seven different complaints filed under Section 138 of the Negotiable Instruments Act, 1881 9for short ‘NI Act’). In these proceedings under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), he challenges three different orders issued by the learned Magistrate separately, in all seven cases.
2. In all these cases, the petitioner challenges three orders. Annexure A8 is an order dated 17-02-2024 dismissing petitioner’s application for sending the cheque to the Central Forensic Science Laboratory. Annexure A14 is an order dated 24-07-2024 dismissing petitioner’s application to summon a private person under Section 348 of the BNSS and to mark documents, while Annexure A16 is an order dated 12-06-2024 dismissing petitioner’s application to issue summons to the complainant to produce documents allegedly in his custody. As the impugned orders are issued in cases arising between the same parties and all of them were issued, though separately, but on the same dates and since the issues raised are also identical, these cases are disposed of by this common order.
3. S.T. No. 18/2016, S.T. No. 181/2016, S.T. No. 39/2016, S.T. No.
Expert opinions are not conclusive evidence; repeated requests for forensic examination after an unfavorable report are impermissible in trial proceedings.
The court emphasized the necessity of sending a disputed cheque for forensic examination to ascertain signature authenticity, ruling that the trial court's order was not merely interlocutory and thus....
The court ruled that a trial court's order denying signature verification on a disputed cheque is not merely interlocutory and can be challenged in a revision petition, emphasizing the right to a fai....
The court emphasized the importance of independent expert testimony for establishing signature authenticity in forgery claims.
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.
Dishonour of cheque – Examination of disputed cheque by Forensic Science Laboratory is not necessary where accused has admitted his signature in cheque.
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