Fair trial in cheque dishonour cases requires allowing forensic examination when the accused raises a bona fide defence of misuse.

In a cheque dishonour prosecution, an accused raising a bona fide defence that the cheque was a blank security instrument later misused must be given a fair opportunity to test the disputed cheque through forensic examination. The presumptions under the Negotiable Instruments Act do not finally bar rebuttal evidence, and denial of handwriting expert opinion or ink-age examination may impair the right of defence and the fairness of trial. On that basis, the High Court held that the request for forensic examination could not be refused, quashed the impugned orders, and allowed the application so the accused could lead defence evidence in the pending trial.

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Issues: Whether the accused in a cheque dishonour prosecution was entitled to have the disputed cheque sent to the forensic laboratory for handwriting expert opinion and examination of ink age to enable a fair defence.

Analysis: The accused asserted a defence that the cheque was a blank security cheque issued much earlier and later misused. In such a prosecution, the presumptions under the Negotiable Instruments Act do not finally foreclose the accused from leading rebuttal evidence. Where the request for expert examination is directed to supporting a bona fide defence and to test the disputed instrument, denial of that opportunity may impair the accused's right to defend and the fairness of the trial. The accused's request was therefore required to be considered in the light of the larger object of fair trial and the need to permit rebuttal evidence.

Conclusion: The request for forensic examination could not be refused and the accused was entitled to have the disputed cheque sent for handwriting expert opinion.

Final Conclusion: The impugned orders were quashed and the application for forensic examination of the cheque was allowed, enabling the accused to lead defence evidence in the pending trial.

Ratio Decidendi: In a cheque dishonour case, an accused who raises a bona fide defence must be afforded a fair opportunity to adduce rebuttal evidence, including expert examination of the disputed cheque, when such evidence is relevant to the defence.

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