Kerala High Court passes judgement under Negotiable Instruments Act

 

In one of the judgements on Monday, 16th March 2020, the Kerala High Court held that if the drawer has admitted the signature in a cheque, it is irrelevant whether some other person made the entries in the cheque or filled it up.

The judgement came in response to a petition filed under Section 482 of the Criminal Procedure Code, 1973 which basically challenged the order refusing to send cheques for examination of handwriting, by the trial court.

M/s Xoto Ceramics Pvt Ltd. Who was the second respondent had filed a complaint against the petitioner/ accused Ms. Sandhya Rani for an offence under section 138 of the Negotiable Instruments Act.

The abovementioned petition was filed in regard to the same complaint.

When the petitioner filed an application in the trial court requesting the Hon’ble court to send his cheque to the Forensic Science Laboratory to get an opinion on the handwriting, the respondent objected to the same by stating that the said application had been filed to delay the judicial procedure. Subsequently the trial court dismissed the petitioner’s application which resulted in the filing of the present petition under Section 482 of CRPC.

The SC case of Bir Singh VS Mukesh Kumar was also given as reference by the High Court where the SC stated that “It is immaterial that the cheque may have been filled in by any person other than the drawer if the cheque is duly signed by the drawer.”

In the present case the Kerala High Court thus held: “When the accused admits the signature in the cheque, it is immaterial whether some other person had made the entries in the cheque or filled it up. Even if some other person had filled up the cheque, it does not in any way affect the validity of the cheque.”

It was also held that the petitioner’s intention was to only protract the proceedings of the case. The petition was dismissed accordingly.

 

 

 

Judgement pdf