Signed Cheque Need Not Go for FSL Test

Justice J. Anil Kumar of the Telangana High Court found that when the signature of a person is admitted on a promissory note, no purpose will be served in sending the collateral cheque for a handwriting expert. The judge dismissed a criminal petition filed by the accused challenging a docket order made by the IX Judicial First-Class Magistrate, which had rejected a prayer to refer two documents to a forensic science laboratory to compare handwriting. The accused approached the complainant and his brother-in-law for a hand loan of 11 lakh rupees; the accused executed a promissory note and a cheque. In 2019 the cheque on presentation was dishonored.

The handwriting on the instruments was disputed by the accused. It was also submitted that the complainant obtained the blank promissory note and the blank cheque from the accused for raising the loan amount from a third party. That, as he could not secure the loan, he misused the instruments and filed the case. The complainant, therefore, albeit unsuccessfully, contended that it is a fit case for forwarding the instruments for an FSL report; the State, however, pointed out that once the promissory note and cheque are given to the complainant by signing them, it is not a requirement under law to refer the same to the Forensic Science Laboratory (FSL).

Justice Anil Kumar referred to various earlier pronouncements on the law; he pointed out the presumption that which on the signing of the cheque cannot be rebutted merely by the report of a handwriting expert. Even if the details in the cheque have not been filled up by the drawer but by another person, this is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability. He accordingly found that referring the documents at this stage to an expert would serve no purpose. He accordingly dismissed the criminal petition filed by the accused.