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JASJIT SINGH BEDI
Vijay Taneja – Appellant
Versus
Naresh Gureja – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the order dated 16.02.2023 (Annexure P-2) passed by the JMIC, Gurugram in Complaint No.3998 of 2017 dated 18.03.2017 under section 138 of the Negotiable Instruments Act, 1881 titled as Vijay Taneja v. Naresh Gureja , whereby an application moved by the petitioner/complainant for sending the cheque in question for examination to the FSL Madhuban for comparison of the signatures of the accused has been dismissed.
2. The brief facts of the case are that the petitioner/complainant filed a Criminal Complaint under section 138 of the Negotiable Instruments Act, 1881. As per the case of the petitioner, as a discharge of his legally enforceable debt, the respondent/accused had handed over a cheque of his firm M/s V.K. Casting bearing Cheque No.921238 dated 28.12.2016 drawn on the Indian Overseas Bank, Old Railway Road, Gurugram for Rs.3,00,000/- which upon presentation was dishonoured. Pursuant to the issuance of the statutory notice, a complaint under section 138 of the Negotiable Instruments Act was filed after which the respondent/accused came to be summoned to face tri
The court emphasized the importance of independent expert testimony for establishing signature authenticity in forgery claims.
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 necessity of sending a disputed cheque for forensic examination to ascertain signature authenticity, ruling that the trial court's order was not merely interlocutory and thus....
The court ruled that a trial court's order denying signature verification on a disputed cheque is not merely interlocutory and can be challenged in a revision petition, emphasizing the right to a fai....
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 main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
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....
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