P&H: Dishonour of Cheque - Handwriting Comparison allowed - Quashes Magistrate’s Refusal

punjab-haryana
⚖️ Order Date: 15 May 2026
Headnotes

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1873, S.45 — Dishonor of cheque - Expert opinion — Where documents showing business dealings between the parties were initially admitted and thereafter denied by the complainant, examination of handwriting on those documents becomes imperative to ascertain authorship...


Facts of the Case

P&H: Dishonour of Cheque - Handwriting Comparison allowed - Quashes Magistrate’s Refusal

The Punjab and Haryana High Court has set aside a Magistrate’s order refusing a handwriting comparison in a cheque bounce case and directed that the disputed documents be examined by the Forensic Science Laboratory. P&H allowed petition under Section 482 CrPC filed by an accused in a complaint under Section 138 of the Negotiable Instruments Act.

The complainant had alleged that he had advanced a Rs 2 lakh loan to the accused and the cheque issued in repayment was dishonoured. During cross-examination, certain documents said to reflect the complainant’s role as a commission agent were put to him; he first...

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