Mohd. Shakir vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

Mohd. Shakir vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the High Court should allow the application seeking quashing of the trial court's order dated 17.11.2025 rejecting the applicant's request to send the disputed cheque to a handwriting expert, given that the applicant's statement under Section 313 Cr.P.C. is unrecorded and no defence evidence has yet been led.

Court's answer

It is always open to the applicant-accused to lead defence evidence in respect of the disputed cheque to substantiate that the cheque was misused; the defence sought can appropriately be established by leading defence evidence at the proper stage of trial.

Ratio / Principle

At the present stage, with the Section 313 Cr.P.C. statement unrecorded and no defence evidence led, there is no cause of action for the applicant to file any application for sending the disputed document to a handwriting expert.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikram D. Chauhan, J.), Court No. 76, decision dated December 1, 2025: dismissed (at this stage) Application U/S 528 BNSS No. 47648 of 2025 filed by Mohd. Shakir through Amir Khan seeking quashing of the impugned order dated 17.11.2025 passed by Civil Judge (Junior Division)/F.T.C. (C.A.W.), Budaun in Complaint Case No. 2467 of 2016 (Sadik Husain Vs. Mohd. Shakir) under Section 138 of N.I. Act, Police Station-Ujhani, District Budaun, whereby the trial court had rejected the applicant's application for sending the disputed cheque to a handwriting expert. The learned judge held that, as the applicant claimed the disputed cheque was a blank cheque bearing his signature allegedly misused by the complainant, but the statement of the applicant under Section 313 Cr.P.C. had not till date been recorded and no defence evidence had been led, there was no cause of action at this stage to file an application for sending the disputed document to a handwriting expert; it remains always open to the applicant-accused to lead defence evidence in respect of the disputed cheque to substantiate that the cheque has been misused. Finding no merit in the present application at this stage, it was dismissed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47648 of 2025

Mohd. Shakir

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Amir Khan
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for applicant and learned AGA for the State.

The present application has been filed for quashing the impugned order dated 17.11.2025 passed by Civil Judge (Junior Division)/F.T.C. (C.A.W.), Budaun in Complaint Case No. 2467 of 2016 (Sadik Husain Vs. Mohd. Shakir), under Section 138 of N.I. Act, Police Station-Ujhani, District Budaun.

It is submitted by the learned counsel for the applicant that by the impugned order dated 17.11.2025, the application moved by the applicant for sending the disputed cheque to the handwriting expert has been rejected. He further submits that the case of the applicant is that a blank cheque bearing his signature was misused by the opposite party. It is pointed out that the case is presently at the stage of recording the statement of the applicant under Section 313 Cr.P.C. and the defence sought to be raised by the applicant can appropriately be established by leading defence evidence at the proper stage of trial.

It is a case of applicant that cheque in question was blank cheque bearing signature of applicant, which has been misused by complainant. Application for sending the disputed document to the hand writing expert has been rejected. It is admitted to applicant that till date statement under Section 313 Cr.P.C. has not been recorded. The defence evidence is to be led from the side of applicant. It is always open for the applicant-accused to lead defence evidence in respect of disputed cheque to substantiate that the cheque has been misused. At this stage, there is no cause of action to file any application for sending the disputed document to hand writing expert, as defence evidence till date, has not been led.

In view of the above and finding no merit in the present application, the same is hereby dismissed at this stage.

December 1, 2025 Vibha Singh

(Vikram D. Chauhan,J.)

Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad