Denial of signature of the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert.
In the case of denial of signature of the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert. The learned Addl. Sessions Judge allowed the revision solely on the ground that the accused had the right to lead the defence evidence of handwriting expert. The learned ASJ overlooked the reasoning of learned Magistrate in disallowing the application under section 243(2) Cr.P.C. and, particularly that despite specific directions of this Court, the accused was getting the proceedings delayed in filing one after another application when he himself had compared the signature of the accused on the cheque in question with her admitted signature and did not find any variance and the cheque was dishonoured not on account of variance in signatures, but 'insufficient funds'. The interference by learned ASJ in the order of MM was unwarranted and, in fact, against the orders dated 19.3.2011 and 10.8.2011 of this Court. The cheque was dishonored not on account of difference in signature but on account of insufficient funds. The bank manager also confirmed this fact and was nowhere confronted by the respondent/accused as regards her signatures on the cheque. Further, admittedly, the Magistrate had also compared the signature of the accused as appearing on the cheque with her admitted signatures as per his power under section 73 of the Evidence Act and did not find variation in the signatures. The plea regarding the cheques not bearing her signature was taken by the respondent/accused only at the stage of defence evidence.
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