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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Aum Oil – Appellant
Versus
Sanjeev Kumar – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter Cr.P.C.') seeking quashing of order dated 06.02.2017 (Annexure P-10) passed by learned Judicial Magistrate Ist Class, Karnal whereby the application filed by the petitioner, seeking permission to examine the handwriting and fingerprint expert and allow him to take photographs of the relevant writing/ signatures for comparison, was dismissed, in the case stemming from criminal complaint dated 24.07.2015 registered under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter NI Act').
2. Briefly, the facts of the case, as alleged, are that petitioner No.2 is operating a petrol pump in the name of Aum Oil (petitioner No.1) on Sirsal Road, Habri, Kaithal, since July, 2009. Since the parties had a friendly relation, petitioner No.2 and her husband borrowed Rs. 10,00,000/- from the respondent-complainant to facilitate smooth functioning of the business. In order to discharge their legal liability, petitioner No.2 issued a cheque bearing No.365030 dated 19.05.2015 for Rs. 10,00,000/- in favour of the respondent. However, on presentation f
Accused must be allowed to present expert evidence when claiming misuse of a cheque to ensure a fair trial.
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
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.
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 main legal point established in the judgment is that permission to examine a handwriting and fingerprint expert may be denied if the cheque in question has been dishonoured for reasons other than....
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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