Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

"Punjab and Haryana High Court Dismisses Revision Petition: 'Signature Dispute Clearly an Afterthought,' says Judge"

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court dismissed a revision petition filed by Vivek, the accused, seeking permission to present additional evidence involving a dishonored cheque. Justice Suvir Sehgal ruled that the petitioner's claims of a mismatched signature on the dishonored cheque were "clearly an afterthought."

The accused had been convicted under Section 138 of the Negotiable Instruments Act, 1881, for issuing a cheque that was dishonored by the bank with remarks "Account Closed." Vivek petitioned for an additional evidence application under Section 391 of the Criminal Procedure Code (Cr.P.C.) to examine a handwriting and fingerprint expert. The appellate court had earlier declined this application, a decision which was the subject of this revision petition.

Reacting to the petitioner’s contentions, Justice Suvir Sehgal said, "It cannot be disputed that the cheque has been dishonored by the bank on account of the fact that the bank account of the drawer had been closed and not on account of the difference in signature of the drawer." He added, "The stand of disputed signature being taken by the petitioner is clearly an afterthought."

The judgment also referred to various case laws, stating that the provision to lead additional evidence under Section 391 Cr.P.C. should not be used to "remedy the negligence or latches of a party." The Court opined, "Where there was ample opportunity for a party to adduce evidence... it is not desirable to exercise power under Section 391 Cr.P.C. to enable the petitioner to fill in the lacunae."

This judgment is expected to serve as a precedent in similar cases involving dishonored cheques and contested signatures, underlining the importance of timely and proper presentation of evidence.

Decided on: 28.08.2023

Vivek vs Krishan Kumar 

Latest Legal News