NEGOTIABLE INSTRUMENTS ACT, 1881

Section 138

Dishonour of cheque - Petition against rejection of application for sending cheque to hand writing expert - Admission of signature and amount on cheque by drawer - Absence of propriety to forward cheque to hand writing expert

Cheque holder filed a complaint under section 138 against drawer. The drawer filed an application for sending the cheque to hand writing expert. Trial Court passed order of rejection of the application, which was also upheld by Sessions Court. The drawer filed petition against the judgment on the ground that defence of misuse of lost cheque by the cheque holder was not considered by both the Courts. Held: When a defence is raised on behalf of accused that complainant has misused the cheque, even in a case where a presumption can be raised under section 118(a) or 139, an opportunity must be granted to the accused for adducing the evidence in rebuttal thereof. In the present case, the drawer was given sufficient opportunities and time to lead the defence evidences but he failed. Further, the drawer candidly admitted that signature and amount on the cheque were written by him. In view this candid admission, there was no propriety to forward the cheque in dispute to the hand writing expert for opinion mere for the sake of petitioner. It was nothing but one more attempt to delay the proceedings. Therefore, the application for sending the cheque to hand writing expert was rightly rejected.

REFERRED :

FAVOUR : Against the petitioner

A.Y. :

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