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MAHENDAR KUMAR GOYAL
Pankaj Jain – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This criminal miscellaneous petition under Section 482 CrPC has been filed assailing the legality and validity of the order dated 04.11.2023 passed by the learned Additional Sessions Judge No.2, Sikar (for brevity "the learned Revisional Court") in CIS No.52/2023 whereby, while dismissing the revision petition, the order dated 16.09.2023 passed by the learned Special Judicial Magistrate (N.I. Act Cases), Sikar (hereinafter referred to as "the learned trial Court") in CIS No.284/2021 dismissing an application filed by the accused-petitioner (for short "the petitioner") under Section 73 of the Indian Evidence Act, 1872 (for brevity "the Act of 1872"), has been affirmed.
2. The relevant facts in brief are that the petitioner, who is facing trial under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act of 1881"), filed an application under Section 73 of the Act of 1872 stating therein that since, it is alleged in the complaint that name of the complainant in the cheque was filled in by the accused himself which is factually incorrect, the cheque may be subjected to examination by the handwriting expert. The a
A cheque does not need to be in the handwriting of the drawer for it to be valid under the Negotiable Instruments Act.
The drawer of a cheque authorizes the holder to fill-up the other entries, and the penal provisions of Section 138 of the Negotiable Instruments Act would be attracted if the cheque is otherwise vali....
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
The admission of the respondent's signature on the cheques made the appointment of a handwriting expert unnecessary.
The defense of the accused regarding the misuse of the cheque and the absence of liability are matters of evidence to be proved by the accused.
A cheque's validity remains intact despite entries by a third party unless proof shows lack of intention by the drawer regarding those entries.
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