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signature matching by court or expert


what should do by the court when a application present before the court for enquiry of signature of the docoment produced by defendent from complaiant's signature. should court go for FSL or compare itself ?

 
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ha21@rediffmail.com Mumbai : 9820174108

The court may accept that the signature is of the defendant, when the complainant says so.

 

HOWEVER, if the defendant  disowns (refuses) his signature,  the Court has no jurisdiction or competency,  to examine or compare it on its ownselves or pass an judgement on the validity of the signatures.  IF the court could compare (examine) such forensic details,  the court could as well examine the bullet marks, the blood marks and other technical and professional details as well.

 

NOW the onus is on the complaintant to prove that the signature is of the defendant.  WHICH can only be proved by a duly authorised (govt.registered) and appointed  "writing expert", whose report could be considered final for prosecution purposes.  EVEN this report too can be contested easily.

 

Keep Smiling .... Hemant Agarwal

 

 
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Thanks for your good advise. do you have any dicision of any court, on this point ?

 
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ADVOCATE & DIRECTOR

evidence act sec 45 and 47 explains the same

 
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advocate

FOR YOUR QUERY FOLLOWING CASE LAWS-

1] DISHONUR OF CHEQUE - SOUGHT EXPERT OPINION REGARDING THE INK ON CHEQUE-REJECTED-SUSTAINABILTY OF- APPRECIATION OF EVIDENCE- ACCUSED PROLNGED THE CASE ON THE PROTEXT ONE BY OTHERS- ABSENT ON VARIOUS DATE- EVEN ON EXEMOLARY COSTS- CONSIDERATION OF- HELD- PURPOSE OF APPLICATION CLEARLY SHOWS TO PROTECT LITIGATION AND AVOID TO MAKE PAYMENT -NO IRREGULARITY OR ILLEGALITY IN ORDER-DISMISSED PETITION.

INDRAJIT GOKUL V/S PITAMBER PATIL

2007[1] CRJ [BOMBAY] 755

2] DISHHONUR OF CHNHEQUE- SOUGHT HAND WRITING EXPERT,S OPINION-PLEA OF FORGED  SIGNATURE- ALLOWED- JUSTFICATION OF- HELD- IN CASE OF DENIAL OF SIGNATURE OF DRAWER OF CHEQUE BEST WITNESS WOULD BE  THE CONCERENED BANK MANAGER AND NOT HAND WRITING EXPERT-ORDER COULD NOT BE SUSTAINED-SET ASIDE DIRECTED MAGISTRATE TO DISPOSE OF THE CASE ACCORDING TO LAW.

H.M. SATISH V/S ASHOK 2007 [KARNATAK] CRI L J 2312

2007[4] CRJ 700.

3] THUMB IMPRESSION AND SPECIMAN SIGNATURE- NOT COLLECTED BY I.O. DURING INVESTIGATION -EFFECT OF -HELD- CASE OF PROSECUTION CANNOT BE MADE TO SUFFER- TRIAL COURT CAN DECIDE QUESTION WITH ORIGINAL DOCUMENTS AND OTHER EVIDENCE IN ACCORDENCE TO LAW.

 A PARVATHAIAH V/S  STATION HOUSE OFFICER.

[A.P] 2006[6] CRJ 416.

4] COURT CAN NOT COMPARE SIGNATURE TO BASE ITS FINDINGS ON IT BUT ONLY TO STRENGHTEN ITS FINDIGS.

SATISH JAYANTILAL SHAH V/S PANKAJ MASHRUWALA.

1996CRI LJ 3099 [GUJ]

I THINK YOU WIL GET YOUR ANSWER.


Total likes : 1 times

 
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Lawyer

Thanx Mr. Patil.

 
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