Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC

While adjudicating a cheque dishonour case, Rajasthan High Court held that once the complainant disputed his/her handwriting and signatures on a particular exhibit, such denial disentitled him/her from contending that the document had no nexus with the transaction involved.The bench of Justice Farjand Ali was hearing a petition challenging the order of the trial court that had rejected petitioner's application seeking referral of disputed documents to the FSL for examination."The present petition arises out of proceedings initiated under Section 138 of the Negotiable Instruments Act, 1881 wherein the petitioner is facing prosecution as an accused. After recording of his statement, the petitioner tendered a document marked as Exhibit D01A, claiming the same to be a receipt pertaining to the very amount forming subject matter of the complaint. Interestingly, the complainant has categorically denied not only his signatures but also the handwriting appearing on Exhibit D01A...This Court is of the view that had the complainant admitted the execution of the receipt while simultaneously explaining that the same was unrelated to the transaction in question, the matter might have stood on a different footing altogether. However, once the complainant has taken a complete stand of denial regarding both handwriting and signatures appearing on Exhibit D01A, such denial, prima facie, disentitles him from subsequently raising a plea that the document bears no nexus with the transaction involved in the complaint. The appropriate course for the complainant was to clarify in his testimony itself that the receipt in question had no concern with the transaction forming subject matter of the complaint".For context, a cheque dishonour case was filed against the petitioner in which the petitioner had tendered a document claiming it to be the receipt of the amount that formed the subject matter of the complaint.In relation to this document, the complainant categorically denied not only his signatures but also his handwriting appearing thereon. Hence, an application was filed by the petitioner seeking referral of that document to FSL. This application was rejected by the lower court on the ground that such verification shall have no bearing on the outcome of the trial. Hence, the present petition was filed before the Court. After hearing the contentions, the Court held that the application was rejected on “conjectural premises”. It was held that it would have been a different situation if the document was admitted being executed by the complainant, along with an explanation as to how the same was unrelated to the transaction.The Court observed that the trial court failed to appreciate that expert examination of the disputed document might have a direct bearing on the outcome of the matter. Accordingly, the order was set aside as being unsustainable in law, and the trial court was directed to send the disputed documents to FSL. Title: Vikram Singh v State of Rajasthan Citation: 2026 LiveLaw (Raj) 225Click Here To Read/Download Order

Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC

Nupur Agrawal

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Nupur Agrawal

Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC

Nupur Agrawal

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Nupur Agrawal

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