Spinners Pvt. Limited. The first respondent thereafter prepared in his own handwriting cheque No.18841 dated 27.04.92 for Rs.2355/- in favour of one Krishnamurthy ... cheque in his SB Account with UCO Bank, Erode. He then issued a cheque in favour of the first respondent, who presented the cheque
handwriting expert, especially to
ascertain the age of the ink and handwriting/signatures of the
petitioner as well as other /remaining handwriting on the cheque ... handwriting as such, learned Court below
rightly held that even if upon examination of handwriting expert,
disputed handwriting on cheque is found to be different
denied his signatures on the
disputed cheque then, it is not necessary to send the cheque to the
handwriting expert to verify that whether ... admitted his
signatures on the cheque in dispute then the cheque cannot be
referred to the handwriting expert to verify that whether the other
entries
signatory of the cheque need not fill in the body of the cheque
for the cheque to be a valid cheque. Thus, these two judgments ... signatory of the cheque need not filled in the body of the cheque for the
cheque to be a valid cheque.
15. Keeping in view
fingerprint and handwriting expert to compare the handwriting of the
signatures and the handwriting in which the remaining particulars of the
cheque were filled ... cheque,
which was a bearer cheque, was presented and how it was
crossed and made into an account payee cheque. The
complainant even
moved any handwriting
by which he wanted to compare the handwriting of the body of the cheque and
Signature Not Verified
Signed by: DINESH VERMA ... served by sending the cheque for hand-writing expert
to examine the body of cheque, because once that cheque was issued, a liability
is imposed
There is prima facie difference in the handwriting of the accused and
the handwriting appearing on the cheque. The examination of handwriting
on the cheque ... MCRC-40157-2024
cheque, therefore, examination of the contents of the cheque by the handwriting
expert is necessary for the defence of the accused. Learned
rejected the application filed
by the petitioner for examination of cheque through
handwriting expert as per provisions of Section 45 of the
Indian Evidence ... cheque has been issued to the complainant
against any liability. The aforesaid cheque was lost in which,
he has only singed the cheque but amount
application made by the accused for sending a
document or cheque to handwriting expert should be allowed
or not has to be decided ... denied the
signature on the cheque and an application was made by
him for sending the cheque to the handwriting expert,
which was rejected
contention to send the cheque to the Handwriting Expert to
ascertain whose handwriting is on the said cheque.
16. In para 10 of the impugned ... denied his signature on the disputed cheque,
then it is not necessary to send the cheque to the handwriting Expert
to verify that whether remaining