TOMY T.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, the complainant in C.C No.864 of 2015 on the file of the Judicial First Class Magistrate Court, Njarakkal challenges the order dtd. 20/10/2021 in CMP No.880 of 2016. The petitioner filed a complaint alleging offence under Sec. 138 of the Negotiable Instruments Act against the party respondent/accused before the Trial Court. The court took cognizance of the offence. The accused appeared on summons. He pleaded not guilty to the particulars of offence read over to him. The Court proceeded with the trial. The complainant was examined as PW1. He gave evidence that the accused filled up the cheque in his presence.

(2.) The accused contended that he has not filled up the cheque, but admitted the signature. The accused then filed the above referred CMP requesting to send the cheque and his admitted writings for comparison by experts in the Forensic Science Laboratory. The learned Magistrate allowed the application. This order is under challenge.

(3.) The learned counsel for the petitioner/complainant submitted that as the accused admitted the signature in the cheque, there is no requirement to send the cheque for comparison as when a drawer signs a cheque and hands it over to the payee, he is presumed to be liable unless he adduces evidence to rebut the presumption that the cheque has been issued towards a payment of debt or in discharge of a liability.