Material alteration in a cheque can justify forensic examination where the accused raises a credible defence to enforceability.

A plea that a cheque had been materially altered by addition of a numeral, changing the amount stated on its face, raised a substantial defence because proven alteration would affect enforceability of the instrument. Expert examination under Section 45 of the Indian Evidence Act, 1872 could therefore be permitted to assist the accused in proving the defence and securing a fair trial. The statutory presumptions under the Negotiable Instruments Act did not bar rebuttal on the ground of material alteration, and the trial court's order sending the cheque for handwriting and forensic examination was upheld.

---

---

Issues: Whether the trial court was justified in permitting the cheque to be sent for handwriting and forensic examination on the plea of material alteration in the cheque.

Analysis: The dispute centred on whether the figure in the cheque had been altered from Rs. 50,000/- to Rs. 5,50,000/- by adding the numeral '5' and whether the entries in figures and words were written separately. The Court held that such a plea raised a substantial question of material alteration, which if established would affect the enforceability of the instrument. It further held that expert opinion under Section 45 of the Indian Evidence Act, 1872 could properly be sought to assist the accused in proving the defence and to ensure a fair trial. The Court also noted that the statutory presumptions under the Negotiable Instruments Act do not preclude the accused from rebutting the case on the basis of material alteration.

Conclusion: The trial court was justified in ordering expert examination of the cheque, and no illegality or infirmity was found in that order.

---