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Best witness is case of denial of signature on cheque

 

In case of denial of signature of drawer of cheque, best witness would be concerned Bank Manager and not a handwriting expert.

 
 In the case of denial of signature of the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert. The learned Addl. Sessions Judge allowed the revision solely on the ground that the accused had the right to lead the defence evidence of handwriting expert. The learned ASJ overlooked the reasoning of learned Magistrate in disallowing the application under section 243(2) Cr.P.C. and, particularly that despite specific directions of this Court, the accused was getting the proceedings delayed in filing one after another application when he himself had compared the signature of the accused on the cheque in question with her admitted signature and did not find any variance and the cheque was dishonoured not on account of variance in signatures, but 'insufficient funds'. The interference by learned ASJ in the order of MM was unwarranted and, in fact, against the orders dated 19.3.2011 and 10.8.2011 of this Court. The cheque was dishonored not on account of difference in signature but on account of insufficient funds. The bank manager also confirmed this fact and was nowhere confronted by the respondent/accused as regards her signatures on the cheque. Further, admittedly, the Magistrate had also compared the signature of the accused as appearing on the cheque with her admitted signatures as per his power under section 73 of the Evidence Act and did not find variation in the signatures. The plea regarding the cheques not bearing her signature was taken by the respondent/accused only at the stage of defence evidence.1

Delhi High Court
Kanshi Ram Bansal vs Suman Malhotra on 11 April, 2012

https://www.lawweb.in/2013/11/in-case-of-denial-of-signature-of.html



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 November 2013

A good judgment for prosecution side. Thank you 123.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     06 November 2013

The only point in this citation is that plea of handwritting was taken at later stage.

 

There are contrary judgments of APEX COURT in this matter and this citation may be applicable only for a particular case not others.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 November 2013

nice information, keep it up


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