Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (2) TMI 979 - HC - Indian LawsDishonor of Cheque - seeking one effective opportunity to the petitioners to lead their defence evidence - Section 45 read with Section 73 of Negotiable Instruments Act for examination of the hand writing expert and for the report of the FSL - HELD THAT:- Regarding first application the contention of the petitioners was that the cheque in question had been stolen by Mr. Davinder Kalra @ Raju Kalra, proprietor of the complainant Company with the help of unknown person and was misused by hatching a criminal conspiracy with the complainant. Neither the handwriting nor the ink of the cheque matched in any manner. The cheque had been manipulated and fabricated by the complainant. Said Davinder Kalra was unable to explain as to how the cheque, which was a bearer cheque, was presented and how it was crossed and made into an account payee cheque. The complainant even did not know the whereabouts of the employee of the petitioner Company who had handed over the cheque to him. It was submitted that the handwriting as well as ink used in the disputed cheque were admitted by the complainants’ witnesses, therefore, it was necessary to send the disputed cheque for obtaining FSL report to clear the doubts. Learned trial Court while dismissing the application noted that the signatures on the cheque had been admitted by the accused. The petitioner while recording his defence statement under Section 263 (g) had specifically admitted the signatures on the cheque in question. The trial Court relied upon a decision of this Court in GURMEET SINGH VERSUS STATE OF HARYANA AND ANOTHER [2012 (2) TMI 701 - PUNJAB & HARYANA HIGH COURT] wherein it has been held that once an accused has admitted the signatures on the cheque, he could not escape his liability on the ground that the same had not been signed by him. When the blank cheque is signed and handed over, it means that the person signing it has given implied authority to the holder of the cheque to fill the blank which has been left while signing the cheque. The petitioners have not been able to show as to how the evidence of the witnesses sought to be summoned is absolutely essential for the just decision of the case. Petition dismissed.
|