Handwriting expert examination in cheque dishonour cases cannot be denied when the accused disputes the writings on the instrument.

In cheque dishonour proceedings, an accused who specifically alleges misuse of a blank cheque and disputes the handwriting on the cheque and promissory note must be given a fair opportunity to rebut the statutory presumptions by seeking scientific examination of the disputed documents. Where the defence is not limited to signature but extends to the writings and entries, refusal to refer the instruments to a handwriting expert can deprive the accused of an effective defence. The court held that such refusal was illegal, set aside the impugned orders, and permitted expert examination of the cheque and promissory note.

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Issues: Whether the courts below acted legally in declining to refer the cheque and promissory note to a handwriting expert for examination.

Analysis: The accused's defence was that a blank cheque and bond paper had been misused and that the writings on the documents were not in his hand. In proceedings under the dishonour provisions, even though presumptions arise regarding liability and execution, the accused is entitled to an opportunity to rebut them by leading evidence. Where the defence specifically disputes the writings and seeks scientific examination to support that defence, refusal to permit expert examination may deprive the accused of a fair opportunity to defend the case. The material on record also indicated that the dispute was not confined merely to signature but extended to the writings and entries on the documents.

Conclusion: The refusal to send the documents to an expert was held to be illegal, and the accused was entitled to have the cheque and promissory note examined by a handwriting expert.

Final Conclusion: The impugned orders were set aside and the accused's request for expert examination of the disputed documents was allowed, with consequential directions to the trial court.

Ratio Decidendi: In a cheque dishonour prosecution, an accused who specifically pleads misuse of a cheque and disputes the writings on the instrument must be given a fair opportunity to rebut statutory presumptions, including by seeking expert examination of the disputed document, unless the request is vexatious or intended to delay the proceedings.

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