Handwriting expert examination in cheque dishonour defence may be allowed to test disputed writings and ink age

An accused in a cheque dishonour prosecution may seek handwriting expert examination of disputed cheque writings and ink age to support a bona fide defence that the cheques were signed in blank and later filled in by another person. The request cannot be rejected merely because the factual matrix differs from earlier authority relied on by the courts below. Where such examination is relevant to testing the genuineness of the disputed instruments and to the defence raised, the trial court should consider the application and permit expert opinion. The refusal to allow the examination was unsustainable.

---

---

Issues: Whether the accused was entitled to have the cheque and writings sent to a handwriting expert for opinion on the writings and the age of the ink.

Analysis: The request was made to support the defence that the cheques were signed in blank and later filled up by another person, with different writings and ink appearing on the instruments. Such a request related to a legitimate defence attempt to test the genuineness of the disputed cheques and could not be rejected merely on the ground that the factual matrix differed from earlier authority relied on by the courts below. In a prosecution of this nature, the accused is entitled to lead defence evidence in the manner suited to the defence raised, and the trial court ought to have considered the application for expert examination.

Conclusion: The accused was entitled to the handwriting expert examination, and the refusal to permit it was unsustainable.

Ratio Decidendi: An accused in a cheque dishonour prosecution may seek expert examination of disputed writings and ink to substantiate a bona fide defence that the cheque was altered or filled up by another person.

---