Handwriting expert examination of cheque allowed where defence of lost-and-misused cheque was raised from the outset.

A criminal defence request to examine a cheque through a handwriting expert was found justified where the accused had consistently claimed from the outset that he signed the cheque but the remaining contents were filled later after the cheque was lost and misused. The Court noted that the right to lead defence evidence is a valuable aspect of a fair trial under Article 21 and Section 243(2) CrPC, although it may be refused if sought to cause delay, vexation, or defeat justice. On the facts, denial of expert examination would prejudice the defence, so the trial court and revisional refusals were quashed and expert examination was permitted at the accused's cost.

---

---

Issues: Whether the order refusing examination of the cheque by a handwriting expert, and the revisional affirmation of that refusal, were justified in the facts of the case.

Analysis: The petitioner consistently maintained from the earliest stage that the cheque had been signed by him but the remaining contents were filled by the complainant after the cheque was lost and misused. The right to lead defence evidence is a valuable part of a fair trial under Article 21 of the Constitution of India and is recognized by Section 243(2) of the Code of Criminal Procedure, 1973, though it is not absolute and may be refused if sought for vexation, delay, or to defeat the ends of justice. The record showed that the defence of misuse of the cheque was not a later afterthought and that denial of expert examination would prejudice the accused's opportunity to rebut the prosecution case. The Court distinguished the authorities relied on by the respondent and held that the peculiar facts warranted permitting expert examination, with costs.

Conclusion: The refusal to send the cheque for handwriting examination was unjustified; the impugned revisional order and the trial court order were quashed and the petitioner was permitted to have the cheque examined by a handwriting expert at his cost.

---