Signed blank cheques may be completed by an authorised holder; ink-age forensic testing is unnecessary when the signature is admitted.

Section 20 of the Negotiable Instruments Act does not govern a signed blank cheque in the same way as an inchoate stamped instrument, but a cheque signed by the drawer may still be completed by the holder or another authorised person. Where the drawer's signature is admitted, a request for expert opinion on the age of the ink used in the signature is generally unwarranted, because such examination does not reliably assist the defence and cannot determine ink age with scientific accuracy. The refusal to send the cheque for forensic examination was therefore upheld.

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Issues: (i) Whether Section 20 of the Negotiable Instruments Act applies to a blank cheque signed by the drawer and whether such a cheque may be filled up by the holder; (ii) whether a cheque admittedly signed by the drawer can be sent for expert opinion to ascertain the age of the ink used in the signature.

Issue (i): Whether Section 20 of the Negotiable Instruments Act applies to a blank cheque signed by the drawer and whether such a cheque may be filled up by the holder

Analysis: Section 20 expressly governs inchoate stamped instruments such as promissory notes and bills of exchange. A cheque is not governed by that provision in the same manner. At the same time, there is no legal requirement that the entire cheque must be written only by the drawer. If the drawer signs and authorises another person to complete the cheque, the instrument remains valid. The decision recognises that a signed blank cheque may be completed by the holder or another authorised person.

Conclusion: A blank cheque signed by the drawer can validly be filled up by the holder or another authorised person.

Issue (ii): Whether a cheque admittedly signed by the drawer can be sent for expert opinion to ascertain the age of the ink used in the signature

Analysis: The right to seek expert opinion may arise where the signature itself is disputed, because denial of that opportunity may affect the defence. That principle does not extend to a case where the signature on the cheque is admitted and only the age of the ink is sought to be examined. The order notes that the age of ink cannot be determined with scientific accuracy and that such an examination would not meaningfully assist the defence.

Conclusion: A cheque admittedly signed by the drawer need not be sent for expert opinion to determine the age of the ink used in the signature.

Final Conclusion: The refusal to send the cheque for forensic examination was justified, and the revision was dismissed.

Ratio Decidendi: A signed blank cheque may be completed by an authorised holder, and expert examination to determine the age of ink is unnecessary where the signature is admitted and such examination cannot reliably assist the defence.

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