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Issues: Whether the accused was entitled to have the cheque sent for forensic examination on the plea of material alteration in the amount, and whether refusal of such examination had unjustly curtailed the accused's right to defend himself in the cheque dishonour prosecution.
Analysis: The plea raised was that the figure in the cheque had been altered from one amount to another and that this alteration, if proved, would amount to a material alteration affecting the cheque's validity. The Court held that alteration in the amount written in a cheque is a matter of substance and cannot be brushed aside merely because the amount in words was stated differently or because the drawer had signed the cheque. It also noted that the accused had specifically pleaded alteration and sought expert examination to establish his defence, and that an accused in a criminal trial has a valuable right to lead defence evidence and obtain examination of a disputed document where the request is made to support a bona fide defence. Refusal to permit such examination was held to deprive the accused of an opportunity to rebut the prosecution case.
Conclusion: The accused was entitled to forensic examination of the cheque, and the order declining that request was unsustainable. The petition succeeded, the impugned order was set aside, and the application for sending the cheque to the forensic expert was allowed.
Ratio Decidendi: Where a cheque is specifically alleged to have suffered material alteration in the amount, the accused cannot be denied expert examination of the instrument if such examination is necessary to present a bona fide defence and to safeguard the right to a fair trial.
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