Cheque signature dispute requires fair expert evidence before final adjudication; matter remanded for fresh consideration.

Where the genuineness of cheques and the accused's signature remained disputed, and expert verification had not been effectively completed, the court held that the matter required fresh adjudication on a fuller evidentiary record. As the complainant had not taken the necessary steps to pursue the permitted expert examination, the trial and appellate courts had dealt with the controversy without properly resolving the signature issue. The conviction and acquittal orders were therefore set aside and the case remanded to the trial court to allow expert evidence and decide the dispute afresh.

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Issues: Whether the conviction under Section 138 of the Negotiable Instruments Act, 1881 should be set aside and the matter remanded for affording an opportunity to lead expert evidence on the disputed signature and execution of the cheques.

Analysis: The dispute centred on the complainant's effort to establish execution of the cheques and the accused's challenge to their genuineness. The record showed that an application concerning proof of signature and expert examination had been allowed, but the complainant did not take the further steps necessary to pursue that exercise. The trial court and the appellate court dealt with the matter hastily, and the controversy over signature verification was not effectively resolved on the existing record. In these circumstances, the proper course was to restore the matter to the trial court so that the complainant could take the required steps for expert verification and the dispute could be decided on a fuller evidentiary foundation.

Conclusion: The conviction and acquittal orders were set aside and the matter was remanded to the trial court for fresh consideration after granting an opportunity to pursue expert verification of the accused's signature.

Ratio Decidendi: Where the genuineness of a cheque and the accused's signature remain in dispute and a party has not been given a fair and effective opportunity to complete expert evidence on that issue, the matter may be remanded for proper evidentiary adjudication.

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