Karnataka HC Orders Handwriting Examination Of Disputed Agreement And Cheque Signatures In Section 138 Case

The petitioner brought a private complaint under Section 200 CrPC read with Section 138 of the Negotiable Instruments Act, 1881.

After both sides led evidence in C.C. No. 22647/2017, the case was posted for final arguments.

The petitioner then applied under Sections 39 and 41 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), seeking forensic examination of Ex.P.14, an agreement said to record the debt underlying the cheques, and a postal acknowledgement.

The Magistrate rejected the application, prompting this petition under Section 482 CrPC/Section 528 BNSS.

The judgment’s operative portion identifies the impugned order as dated 05.04.2027, although the narrative states 05.04.2025.

Sections 39 and 41 of the BSA concern expert opinion and opinion as to handwriting or signature, respectively.

The petitioner relied on State (Delhi Administration) v. Pali Ram, AIR 1979 SC 14, which recognised that a court may compare disputed and admitted writing but advised obtaining expert assistance as a matter of prudence where handwriting identity is material.

He also relied on Thiruvengadam Pillai v. Navaneethammal, AIR 2008 SC 1541, which cautioned against casual judicial comparison and emphasised expert assistance where comparison is difficult or uncertain.

The court’s order does not set out a separate statutory test; it grants the requested examination in light of the respondent’s stated lack of objection.

Ex.P.14 was relied on by the petitioner to establish the debt said to underlie the cheques, and the respondents had disputed its signature.

The respondent’s counsel stated that there was no objection to referring Ex.P.14 and the postal acknowledgement to a handwriting expert.

In that circumstance, the court allowed the application.

It also directed examination of Ex.P.1 to Ex.P.3, whose signatures the respondents had disputed, notwithstanding the absence of a specific application concerning those exhibits.

The petitioner’s application under Sections 39 and 41 of the BSA was allowed; Ex.P.14 and the postal acknowledgement, as well as Ex.P.1 to Ex.P.3, were directed to be referred to the FSL, Bengaluru, within 15 days.

The FSL Director was directed to submit a report to the Magistrate within 30 days of receiving the documents.

The operative portion also refers to C.C. No. 24647/2017 when setting aside the order, although the case is otherwise identified as C.C. No. 22647/2017.