Back
JASJIT SINGH BEDI
Jagjeet Singh – Appellant
Versus
Kulwant Kaur – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the order dated 19.02.2021 passed by the JMIC, Bathinda in Criminal Complaint i.e. COMA No.2587 dated 25.07.2017 titled “Kulwant Kaur Vs. Jagjeet Singh” whereby applications moved under Section 311 Cr.P.C. have been dismissed.
2. The brief facts of the case are that the respondent/complainant (hereinafter known as the respondent) filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the petitioner/accused (hereinafter known as the petitioner) that with a view to discharge his legal liability, the petitioner had issued a cheque No.018848 dated 19.05.2017 for an amount of Rs.3,85,000/- which had been dishonoured leading to the filing of a complaint under Section 138 NI Act and the consequential summoning order.
3. During the course of the Trial and at the stage of recording defence evidence, the petitioner moved his first application under Section 311 Cr.P.C. seeking permission to examine Shri H.S Mander, Handwriting and Fingerprint Expert, Barnala in order to elucidate the defence/qua the fabrication of the cheque by Sandeep Singh son of Ajmer
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
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.
The court emphasized the importance of independent expert testimony for establishing signature authenticity in forgery claims.
Accused must be allowed to present expert evidence when claiming misuse of a cheque to ensure a fair trial.
A signature on a cheque validates it regardless of who filled its contents; the accused's right to a fair trial includes opportunities to present evidence, provided it is not vexatious.
Once the signatures are admitted, the filling of the body of the cheque by another person is immaterial, and no useful purpose would be served by comparing the handwriting. The accused has a valuable....
A cheque's validity remains intact despite entries by a third party unless proof shows lack of intention by the drawer regarding those entries.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
