ashok kumar (Social Worker) 22 March 2014

Referring the cheque to fsl experts

Referring the cheque to FSL Experts

Just to delay the trial & increase the agony of the victim, the defence lawyers often make an application urging the court to refer the cheque to FSL disclaiming the handwriting & sometimes the signatures also. Once this is done the accused can easily delay the trial by a considerable time, as the FSL reports do not come very early.

What is the position of law on the subject?

Is the Judge obliged to comply with the request?

Are there any case laws of Supreme Court on this subject?

ashokkumar@calibreplacements.com

Reply Follow

2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 March 2014

for fair trial it should be allowed by the court to accused, it is natural justice that accused should avail their defense opportunities.

for case laws contact a lawyer or search through google.

R Trivedi (advocate.dma@gmail.com) 23 March 2014

But Mr Social Worker, there is a problem.

What kind of agony complainant is facing ? Criminal case is not for recovery of money and moreover with my substantial personal knowledge I can say that in more than 75% cases under S.138, the complainant is claiming dishonestly. So it is a bigger agony to accused.

Now to answer your question:

It is not necessary that a cheque should be filled up by signatory, so FSL order will depend on accused supporting argument. For example if complainant says that accused filled up the cheque fully in his presence on XX.YY.20ZZ, then accused can either ask the court to take the judicial note of his handwriting or send the same for FSL. Court cannot deny any lawful rebuttal attempt of accused, rather court is duty bound to support it.