Handwriting comparison in cheque dishonour cases may be allowed when authorship of cheque contents is specifically disputed.

In a prosecution under Section 138 of the Negotiable Instruments Act, the accused may seek handwriting comparison where he consistently disputes authorship of the cheque contents, but the request must be bona fide and not a delay tactic. Here, the accused had from the reply notice stage maintained that the cheque book was lost earlier and that the cheque particulars were not written by him, while not disputing the signature. The High Court upheld the trial court's decision to allow expert reference, but confined it to the disputed cheque and specimen writings of both sides so the handwriting on the cheque could be compared with the accused's and complainant's writings.

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Issues: Whether, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the accused was entitled to have the disputed cheque referred for handwriting expert opinion and whether the trial court's order permitting such reference required interference.

Analysis: The accused had consistently taken the stand from the stage of reply notice and cross-examination that the cheque book had been lost earlier and that the cheque particulars were not in his handwriting, though the signature was not disputed. The request to send the cheque and specimen writings for expert opinion was made after the defence evidence was recorded. In such circumstances, the right of an accused to defend himself and to adduce evidence in support of that defence is relevant, but it must be exercised bona fide and not as a device to delay the proceedings. Since the defence raised a specific issue regarding the authorship of the cheque contents, a limited reference to handwriting comparison was considered appropriate.

Conclusion: The prayer to set aside the trial court's order in toto was rejected, but the order was modified to confine the reference to the handwriting expert to the disputed cheque and specimen writings of both sides for deciding whether the handwriting and particulars on the cheque were in the handwriting of the accused or the complainant.

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