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TMI Blog2016 (5) TMI 1583X X X X Extracts X X X X X X X X Extracts X X X X ..... o the cheque as it does not require stamp. Division Bench of the learned Kerala High Court in C.T. Joseph v. I.V. Philip [ 2001 (3) TMI 1081 - KERALA HIGH COURT ] has observed that Section 20 of the Negotiable Instruments Act will not apply to the cheque as the same does not require any stamp under the Stamp Act and the aforesaid provision would apply to other incomplete, inchoate instruments which require stamp under the Stamp Act. It was only if the Magistrate was of the opinion that the object of the petitioner in moving the application for comparison of the signatures was vexatious and had no relevance in the proceedings could he have refused the permission. But, once this was not the case, then I see no reason why the learned M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Handwriting Expert. The Minimal facts as are necessary for the determination of this case are that the respondent filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act (for short the 'Act') claiming dishonour of cheque of value of Rs. 2,25,000/-, whereas, the stand of the petitioner was that he in order to maintain the relations and further in order to repose confidence had issued five cheques of Rs. 25,000/- each to the respondent as security. It was further claimed that apart from the defence already taken, the respondent otherwise had interpolated the amount in the cheques and in place of Rs. 25,000/- he had prefixed two and thereby converted the amount to Rs. 2,25,000/-. 2. During the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be paid thereunder. 5. Therefore, in the present case, when the applicant-accused himself claimed that he had partially filled up the cheque, he thereby gave an implied authority to the complainant to complete the other particulars of the cheque. Therefore, no fruitful purpose shall be served by seeking opinion of the handwriting expert in respect of the writings on the cheque by comparing it with the handwriting of the applicant-accused. When the applicant-accused has admitted his signatures over the cheque and admittedly the cheque i.e. negotiable instrument comes within the category of inchoate stamped instruments under Section 20 of the Negotiable Instrument Act, it would not make any difference if the other particulars of the cheq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amped instrument viz. pronote and bill of exchange and not to cheques. Therefore, Section 20 will have no application to the cheques issued after signing by the drawer. 7. That apart, it was only if the Magistrate was of the opinion that the object of the petitioner in moving the application for comparison of the signatures was vexatious and had no relevance in the proceedings could he have refused the permission. But, once this was not the case, then I see no reason why the learned Magistrate ought not to have sent the documents for examination enabling the same to be compared by the Handwriting Expert which would facilitate in arriving at a correct decision. 8. The petitioner cannot be convicted without an opportunity of being given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, there is no fair trial. 'Fair trial' includes fair and proper opportunities allowed by law to prove her innocence. Adducing evidence in support of the defence is a valuable right. Denial of that right means denial of fair trial. It is essential that rules of procedure designed to ensure justice should be scrupulously followed, and courts should be jealous in seeing that there is no breach of them. We have not been able to appreciate the view of the learned Judge of the High Court that the petitioner has filed application under Section 243 Cr.P.C. without naming any person as witness or anything to be summoned, which are to be sent for handwriting expert for examination. As noticed above, Section 243(2) Cr.P.C. refers to a stage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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