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Issues involved: Challenge to order u/s 138 of Negotiable Instruments Act, application for expert examination of cheques, fair trial rights.
In this judgment, the petitioner challenged the order dated 20.06.2010 passed by JMFC, Jalna below Exhibit46 in STC No. 466/2009, which was confirmed by the learned Sessions Court in Revision Application No. 86/2010. The petitioner sought relief under Article 227 of the Constitution of India, arguing that the cheques in question were given as security and filled up by the respondent conveniently. The petitioner requested to refer the cheques to an expert for determination of ink age and signature authenticity. The application was rejected by JMFC, leading to the present petition. During the proceedings, the petitioner's counsel cited the Supreme Court's observations in "T. Nagappa v. Y.R. Muralidhar" 2008 (5) SCC 633, emphasizing the importance of fair trial rights. The Apex Court highlighted that a magistrate can direct sending documents to a handwriting expert for comparison, and denial of this opportunity can result in a lack of fair trial. The petitioner, although not disputing the signature on the cheques, argued that sending the cheques to an expert is crucial for a fair trial, as per the principles laid down by the Supreme Court. The court, considering the arguments and legal precedents, allowed the petition, quashed the impugned orders, and directed the application (Exhibit46) in STC No. 466/2009 to be allowed. The court also set a time-bound program for the trial court to send the disputed cheques to an expert for examination of ink age and signature authenticity. The trial court was instructed to collect the expert report within 3 months and decide the case expeditiously after receiving the report, ensuring fair trial rights are upheld.
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