Case Note & Summary
The petitioner, Ankush Gopinath Ghogare, is the accused in S.C.C. No. 328/2007 pending before the Judicial Magistrate (First Class), Beed, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The respondent no.2, a Cooperative Bank, is the complainant. The trial was in progress, and after the accused was examined under Section 313 of the Code of Criminal Procedure, 1973, he filed an application (Exhibit 59) praying that the cheque in question be sent to a handwriting expert and also to an expert for ascertaining the age of the ink. The accused contended that the cheque had been given to the complainant as security, as he had stood as guarantor for a loan taken by one Arjun Bhagat from the Bank. According to the accused, it was a blank signed cheque and there was bound to be a difference between the age of the ink of the signature and the ink in which the other matter was written. The complainant opposed the application, stating that the accused had not disputed his signature on the cheque, that he had given the cheque to the complainant, and that the handwriting of the remaining matter was not disputed. The Magistrate, by order dated 17-10-2013, rejected the application primarily on the ground that since the accused had admitted his signature over the disputed cheque, he had given authority to the complainant to pay the debt, and therefore no purpose would be served by sending the cheque to the handwriting expert. Aggrieved, the accused approached the High Court invoking its inherent powers. The High Court, after hearing the parties, observed that the accused had not admitted the handwriting of the body of the cheque or the age of the ink. The court noted that the accused's defence was that the cheque was blank and given as security, and that the complainant had filled it in later. The court held that to ascertain the truth of this defence, it was necessary to send the cheque to a handwriting expert and an expert for ascertaining the age of the ink. The court set aside the Magistrate's order and directed the Magistrate to send the cheque to the Government Handwriting Expert and also to an expert for ascertaining the age of the ink, if possible. The petition was allowed.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Expert Opinion - Blank Signed Cheque - The accused admitted his signature on the cheque but claimed it was blank and given as security for a loan taken by another person. The court held that when the accused disputes the handwriting of the body of the cheque and the age of the ink, it is necessary to send the cheque to a handwriting expert and an expert for ascertaining the age of the ink to determine whether the cheque was filled in later. The Magistrate's rejection was set aside. (Paras 5-7) B) Criminal Procedure Code - Inherent Powers - Section 482 - Interference with Interlocutory Orders - The High Court, in exercise of its inherent powers, can interfere with an interlocutory order if it results in failure of justice. The order rejecting the application for expert opinion was quashed as it prejudiced the accused's defence. (Para 7)
Issue of Consideration
Whether the Magistrate was justified in rejecting the accused's application to send the cheque for handwriting and ink age expert opinion when the accused admitted his signature but claimed the cheque was blank and given as security.
Final Decision
The petition is allowed. The order dated 17-10-2013 passed by the Judicial Magistrate (First Class), Beed, is quashed and set aside. The Magistrate is directed to send the disputed cheque to the Government Handwriting Expert and also to an expert for ascertaining the age of the ink, if possible. The Magistrate shall pass appropriate orders in this regard within two weeks from the date of receipt of this order.
Law Points
- Section 138 Negotiable Instruments Act
- 1881
- Section 45 Indian Evidence Act
- 1872
- Handwriting Expert
- Ink Age Expert
- Blank Signed Cheque
- Defence of Security Cheque
- Inherent Powers under Section 482 CrPC
