17 March 2022 6:02 AM GMT
The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.With this, the Bench of Justice Vinod S. Bhardwaj dismissed the plea filed by one Sudhir Kumar challenging...
The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.
With this, the Bench of Justice Vinod S. Bhardwaj dismissed the plea filed by one Sudhir Kumar challenging the order of the Judicial Magistrate First Class, Sohna, Gurugram rejecting petitioner's application for appointment of a Hand-Writing Expert to obtain an expert opinion about writing on the cheque.
The case in brief
In the instant case, the respondent-complainant had based his complaint alleging therein that the petitioner had issued the cheque in October 2016 for an amount of Rs.5,00,000/- in the discharge of his liability, however, the counsel for the petitioner argued that he had never issued the said cheque nor there was any liability to be discharged by him.
It is the case of the petitioner that the husband of the petitioner and the respondent were doing business together and it was at the said relevant period of time that the petitioner gave the cheque to the respondent as a security for their mutual transactions and business of property dealing.
It is the further case of the petitioner that the cheque in question was not signed by the petitioner and the same had been handed over as a blank cheque and there was no legally enforceable debt.
Before the Court of the Judicial Magistrate, the petitioner filed an application for the appointment of a handwriting expert at the stage of evidence of defence, however, the Court rejected the same as it noted that when signature over the cheque in question had not been specifically denied then there was no question for appointment of a handwriting expert to compare the handwriting over the cheque in question.
This view was also upheld by the Additional Sessions Judge, Gurugram in revision. Challenging both the orders, the petitioner had moved to the HC.
High Court's observations
Against this backdrop, hearing the plea of the petitioner, the High Court was of the conclusive opinion that when the petitioner had already admitted his signatures on the cheque in question, the subsequent issue as to who filled up the cheque can be examined at the time of final adjudication and that is no need to appoint an expert at the instant stage.
In view of this, the Court opined that the impugned orders do not suffer from any illegality, irregularity, perversity, or result in failure of justice by non-examination of the Hand-Writing Expert in the facts of the instant case.
"Learned counsel for the petitioner has failed to refer to any provision in law as per which the handwriting on cheque must necessarily be that of the signatory or to any judgment that would hold that once the signatures on cheque are admitted, filing of the cheque in a different handwriting itself would be a sufficient ground to rule against a cheque having been issued in due course," added the Court as it dismissed the plea.
Case title - SUDHIR KUMAR v. PADAM SINGH
Case Citation: 2022 LiveLaw (PH) 39
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