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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Nabakishore Barik – Appellant
Versus
Brahmahari Shankar Dash – Respondent
| Table of Content |
|---|
| 1. facts related to loan and cheque issuance. (Para 1 , 2) |
| 2. arguments regarding fairness of trial and expert examination. (Para 3 , 6) |
| 3. court's analysis of section 73 of the evidence act. (Para 4 , 5) |
| 4. supreme court's guidance on expert examination. (Para 7 , 8) |
| 5. conclusion allowing the examination of an expert. (Para 9 , 10) |
Judgment :
Chittaranjan Dash, J.
1. By means of this application, the Petitioner seeks to set aside the order dated 29.08.2023 passed by the learned J.M.F.C., Jajpur Road in 1CC Case No.76 of 2022.
2. The background facts of the case are that the Petitioner had taken a friendly loan of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) from the Opposite Party, with an assurance to return the same within two months. After completion of the said period, when the Opposite Party demanded repayment of the borrowed amount, the accused, instead of paying the money, issued a cheque bearing No.000006 dated 28.10.2021 for Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only), drawn on Bandhan Bank, Jajpur Town Branch, in favour of the Opposite Party. The Opposite Party presented the said cheque with his banker, i.e., State Bank of India, Jajpur Road
A party's right to a fair trial includes the ability to challenge evidence through proper legal procedures, particularly concerning disputed signatures in cheque dishonour cases.
The court emphasized the importance of independent expert testimony for establishing signature authenticity in forgery claims.
The central legal point established in the judgment is the accused's right to a fair trial, entitlement to lead evidence to prove innocence, and the provisions of Section 243 of the Code of Criminal ....
Accused must be allowed to present expert evidence when claiming misuse of a cheque to ensure a fair trial.
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.
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
The court established that the refusal to appoint a handwriting expert constitutes a jurisdictional error as expert evidence is essential for determining the authenticity of documents in a money suit....
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