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GURVINDER SINGH GILL
Raj Kumar – Appellant
Versus
S. K. Trading Company – Respondent
JUDGMENT :
GURVINDER SINGH GILL, J.
1. The petitioner has approached this Court challenging impugned order dated 17.9.2021 (Annexure P-7) passed by learned Sub Divisional Judicial Magistrate, Phul vide which an application filed by the accused praying therein that the report of handwriting expert be discarded and that strict compliance of order passed by this Court i.e. order dated 29.1.2020 passed in CRM-M-8483 of 2017 (Annexure P-4) be made, has been dismissed.
2. I have heard the learned counsel for the petitioner and have also perused the documents annexed with the petition and also certain documents, which have today been produced in the Court, and are taken on record.
3. A few facts necessary for disposal of this petition are that a complaint i.e. COMA-217/2014 under Section 138 of Negotiable Instruments Act was instituted by ‘M/s S.K. Trading Company’ against ‘M/s True Enterprises’ and others. During the course of cross-examination of complainant, the accused/petitioner produced some document, which according to the complainant was a forged document. The complainant accordingly moved an application dated 23.1.2017 (Annexure P-1) under Section 311 Cr.P.C. to examine handwriting e
The report of handwriting experts is not binding upon the courts, and if the complainant did not lead evidence to seek examination of a handwriting expert when the accused had denied his signatures o....
The court emphasized the importance of independent expert testimony for establishing signature authenticity in forgery claims.
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 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.
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
Any party asserting an issue is entitled under law to bring on record all and any evidence in its power, custody, and possession before the Court to make good its case.
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