Signed cheque presumption prevails where entries are disputed, making handwriting expert examination unnecessary.

Where the accused admits the signature on a cheque but disputes the handwriting of the remaining entries, the handwriting of those entries is immaterial to liability under the Negotiable Instruments Act. A voluntarily issued signed cheque attracts the statutory presumption, and the instrument does not become invalid merely because another person filled in its particulars. On that basis, sending the cheque for handwriting expert examination would serve no useful purpose, and the order refusing such examination was upheld.

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Issues: Whether the order dismissing the accused's application to send the cheque for handwriting expert opinion was legally proper where the accused admitted her signature on the cheque but disputed the handwriting of the other entries.

Analysis: The admitted signature on the cheque made the handwriting of the remaining entries immaterial for the purpose of liability under the Negotiable Instruments Act. Once a signed cheque is voluntarily issued, the presumption under the Act operates and the cheque does not become invalid merely because another person filled in its particulars. In these circumstances, sending the cheque for expert opinion on the handwriting of the entries would serve no useful purpose.

Conclusion: The order refusing expert examination of the cheque was upheld and the challenge to that order failed.

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