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ALKA SARIN
Rakesh Kumar – Appellant
Versus
Indrawati – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
Challenge in the present revision petition is to the impugned order dated 08.09.2023 whereby the application filed by the defendant-petitioner for allowing the handwriting expert to take photographs of cheque (Ex.P7) has been dismissed as also his evidence has been closed by order.
2. The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for recovery of Rs. 12,50,800/-. In para 3 of the written statement it was specifically stated that a blank cheque had been handed over by the defendant-petitioner to the plaintiff-respondent towards security of Rs. 5,00,000/- and no other details were filled in apart from the signatures of the defendant-petitioner herein. It was further averred that the plaintiff-respondent has forged the cheque by filling in the same. While leading his evidence, an application was filed by the defendant-petitioner for permitting the handwriting expert to take photographs of the cheque in order to give a report regarding the alleged forgery. The said application was dismissed vide the impugned order dated 08.09.2023. Hence, the present revision petition.
3. Learned counsel for the defendant-petitio
The court held that the presence of admitted signatures necessitates allowing a handwriting expert's examination, and costs imposed must be paid for further prosecution of the case.
The court established that a defendant in a cheque dishonor case can seek expert evidence to rebut the presumption of issuance in discharge of a debt, particularly when claiming forgery.
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.
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 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 ....
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