Cheque signature admission triggers statutory presumption; handwriting examination of remaining entries is ordinarily unnecessary.

Where the drawer admits his signature on a cheque, the statutory presumption under the Negotiable Instruments Act operates that the cheque was issued by the signatory after being duly filled. In that setting, the remaining contents of the cheque, such as the date and amount, are ordinarily not a matter for handwriting-expert examination unless a legally relevant factual issue justifies such opinion evidence. The revision order permitting examination of the cheque under the Evidence Act was therefore found illegal, improper, and unsustainable, and was set aside.

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Issues: Whether, in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, a cheque admitted to bear the accused's signature can still be sent for handwriting examination as to the remaining entries, and whether the revisional order allowing such examination was sustainable.

Analysis: The accused admitted his signature on the disputed cheque. On that basis, the statutory presumption under Section 20 of the Negotiable Instruments Act, 1881 arose that the cheque had been issued by the signatory after being duly filled. The disputed question whether the cheque had been lost or whether its remaining contents were written by someone else was a matter for evidence at trial and could be proved by the accused independently. In such circumstances, there was no necessity to send the cheque to a handwriting expert merely to examine the date, amount, and other contents.

Conclusion: The order allowing the application under Section 45 of the Indian Evidence Act, 1872 was held to be illegal, improper, and unsustainable, and was set aside in favour of the complainant.

Final Conclusion: The revisional court's permission for handwriting-expert examination of the cheque was quashed, and the complainant's challenge succeeded.

Ratio Decidendi: Where the drawer admits his signature on a cheque, the statutory presumption operates in favour of valid issuance, and handwriting-expert examination of the remaining contents is ordinarily unnecessary unless a legally relevant factual issue requiring such expert opinion is shown.

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