Handwriting expert comparison on disputed signature required where document central to prosecution case and fair trial is at stake.
When the genuineness of a signature on a document central to the prosecution case is specifically disputed, refusal to obtain handwriting expert opinion may prejudice the defence and impair a fair trial. The Calcutta HC held that the disputed money receipt, which formed the basis of the alleged consideration behind the cheque, should be sent for expert comparison because the earlier comparison under Section 73 of the Evidence Act had not examined the signature on the very document in issue. The request was not barred by the accused having been examined under Section 313 of the Code, and the contrary orders were set aside with directions to obtain expert comparison and proceed expeditiously.
Issues: Whether the accused were entitled to have the disputed signature on the money receipt sent to a handwriting expert for comparison, and whether refusal of such prayer would prejudice the fairness of the trial.
Analysis: The disputed money receipt formed the basis of the alleged consideration behind the cheque. The accused had sought expert comparison of the signature on that receipt with admitted signatures. The earlier comparison undertaken by the Magistrate under Section 73 of the Evidence Act was found inadequate because the signature on the very document in dispute had not been compared. The request for expert opinion could not be denied merely because the accused had already been examined under Section 313 of the Code, since such a prayer remains open even thereafter. In the circumstances, sending the document for expert examination was considered necessary to avoid prejudice to the defence and to ensure a fair trial.
Conclusion: The prayer for sending the money receipt to a handwriting expert was allowed, and the contrary orders were set aside.
Final Conclusion: The accused obtained the procedural relief sought, and the trial court was directed to obtain expert comparison of the disputed signature and proceed expeditiously.
Ratio Decidendi: When the genuineness of a signature on a document central to the prosecution case is specifically disputed, refusal to obtain handwriting expert opinion may impair a fair trial, and such a request can be allowed even after examination under Section 313 of the Code.
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