Handwriting expert access in cheque prosecutions allowed to help accused rebut the statutory presumption and test disputed writings.

In a prosecution under the Negotiable Instruments Act, the accused may lead evidence to rebut the statutory presumption and test the authorship of disputed cheque writings. A request to send documents to a Government Examiner of Questioned Documents was declined as inappropriate in a private complaint, but the limited prayer to engage a handwriting expert of the accused's choice was allowed. The trial court was directed to facilitate inspection, photography, and timely filing of the expert opinion.

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Issues: Whether the accused in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 could be permitted to engage a handwriting expert of their choice to examine the questioned cheque and related documents.

Analysis: The petitioners, facing trial, were entitled to raise all lawful defences and to lead evidence to rebut the statutory presumption available to the complainant. The request to refer the documents to a Government Examiner of Questioned Documents was declined, the Court noting that in a private complaint such reference was not appropriate. However, the limited prayer to allow examination by a handwriting expert of the petitioners' choice was found to be justified, so that the authorship of the disputed writings could be tested.

Conclusion: The petitioners were permitted to engage a handwriting expert of their choice for examining the questioned documents, and the trial court was directed to facilitate inspection, photography, and timely filing of the expert opinion.

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