2026 (7) TMI 1526

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...., 'NI Act'), to send the impugned cheques for expert analysis of the writings in it, are under challenge in these original petitions filed under Article 227 of the Constitution of India. 2. O.P.(Crl.) No. 716/2025 relates to S.T.C. No. 1969/2019 in which the allegation is that the petitioners/accused, who represent a chit fund company, had issued a cheque for Rs. 4,00,000/- to the complainant/respondent towards disbursement of chitty amount, and that the above said cheque was dishonoured due to stop payment instructions given by the petitioners. Alleging that the petitioners did not care to make payment of the cheque amount despite the receipt of statutory notice, the respondent/complainant had instituted the complaint alleging the commi....

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....the impugned cheques were not made by them, assumes no relevancy in view of the statutory presumption under Section 139 of the NI Act once the execution of the cheque is established. According to the court below, even if it is proved that the handwritings contained in the impugned cheques were not that of the petitioners, it will not make any difference, if it is shown that the cheques were executed and issued by the petitioners. 7. It is true that in normal cases the contention of the accused that the entries in the impugned cheques were not in the handwriting of the accused, is of no consequence once the execution of the cheque by the accused is established. However, in a case where the complainant comes forward with the definite conte....

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....of the accused, is having great relevancy. This is because of the reason that the credibility of the evidence tendered by the complainant about the execution of the cheques by the accused, would be at stake, if it is shown that the handwritings found in the impugned cheques were not that of the accused. When viewed in the above perspective, the accused cannot be denied an opportunity to show that the handwritings in the impugned cheques are not that of the accused, and hence the evidence adduced by the complainant in the above regard, is vitiated for lack of bona-fides. Therefore, the impugned orders of the court below are liable to be set aside. 9. In the result, both these original petitions stand allowed as follows: (i) The o....