U/S 138 N.I. Act | Signature Admittance Overrules Need for Forensic Scrutiny: Gujarat High Court Dismisses Quashing Petition
In a notable judgment, the Gujarat High Court, led by Honourable Mr. Justice Hasmukh D. Suthar, rejected a petition under Section 482 of the Code of Criminal Procedure, 1973. The petition aimed at quashing orders from lower courts in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. Petitioner Parimal Maheshbhai Solanki admitted to his signature on the cheque but disputed the other writings. The Court, emphasizing the significance of the admitted signature, ruled against the necessity for forensic examination of the cheque’s writings.
The judgment hinged on the legal principle concerning the quashing of lower court orders in a dishonoured cheque case, focusing on the authenticity and the admittance of the petitioner’s signature versus the disputed writings on the cheque.
The complainant claimed that a cheque for Rs. 7,00,000 issued by the petitioner was dishonoured due to a blocked account. The petitioner acknowledged his signature on the cheque while disputing the writings, alleging misuse. Earlier, both the trial court and the revisional court dismissed the petitioner’s request for forensic analysis, pointing out that the signature was not disputed and the petitioner failed to establish a credible misuse defense.
Justice Suthar noted that the admittance of the signature on the cheque triggers a legal presumption under Section 139 of the Negotiable Instruments Act. Citing cases like Kalamani Tex vs. P. Balasubramanian and Rajesh Jain vs. Ajay Singh, the court held that there was no merit in sending the cheque for forensic examination when the signature itself was undisputed. The court distinguished this case from precedents where a bona fide defense about cheque misuse was established, observing the lack of such defense in the present case.
The High Court dismissed the petition, reinforcing the position that the admittance of the signature on the cheque diminishes the relevance of disputes over the writings on it. The absence of a credible defense or additional evidence from the petitioner led to the affirmation of the lower courts’ decisions.
Date of Decision: 12/02/2024
Parimal Maheshbhai Solanki vs. State of Gujarat
