KRISHNA v. KHUSHAL CHAND

1. Petitioner is facing a complaint filed under Section 138 of Negotiable Instruments Act, 1881.

2. During the pendency of the abovesaid complaint, the accused (applicant herein) filed an application under Section 45 read with Section 71 of Indian Evidence Act, 1872 seeking examination of the writing appearing on the cheque through hand-writing expert.

3. Her stand, it seems, is to the effect that she had given two blank cheques in order to fulfil her family obligations. Though, the cheques were blank but these were, admittedly, signed by her. According to her, the accused had claimed that he would fill up Rs.50,000/- on each of the cheque but later on, he retracted from his such promise and assurance and mentioned a sum of Rs.1,00,000/- on each such cheque.

4. It is in the abovesaid backdrop that the applicant prayed for CRL.M.C. 5108/2026 2 examination of the hand-writing on such cheques.

5. As already noted above, the applicant does not dispute that the cheques in question were bearing her signatures. Even if these were blank cheques signed by her, she cannot run away from the presumption as contained under Section 20 of Negotiable Instruments Act, 1881 which reads as under:-

6. Learned Trial Court, in the abovesaid backdrop and also while relying upon Bir Singh vs. Mukesh Kumar: 2019 (4) SCC 197, M/s. Kalamani Tex vs.

7. When she knocked the doors of the learned Revisional Court by filing a petition before the learned Court of Sessions, her such petition was also dismissed by the learned Sessions Judge on 13.08.2025, while also observing that the impugned order was not amenable to revision, being interlocutory in nature. Learned Revisional Court, however, despite the above, considered the case on merits as well but did not find any substance in her request.

8. Faced with the abovesaid dismissal, the present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 482 Cr. P.C.).

9. Apparently, it is a second Revision Petition in the garb of invoking CRL.M.C. 5108/2026 3 jurisdiction of this Court by filing a Petition under Section 528 of BNSS.

10. Moreover, as rightly noted by the learned Trial and Revisional Courts, once signatures are admitted by the drawer on the cheques, he cannot, without giving any compelling reason, seek the examination of the hand writing appearing on the cheques through some expert. Such exercise, if permitted in a casual manner, would result in unnecessary delay in disposal of the complaint case. Reference be made to the following observations made by Hon’ble Supreme Court in Bir Singh (supra):-

11. Finding no merits in the present petition, same is, hereby, dismissed in limine.

12. Pending applications stand disposed of.