The High Court dismissed a petition challenging an order rejecting an application for forensic examination of a cheque's contents under Section 45 of the Indian Evidence Act, where the petitioner's signature on the cheque was admitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:13575 CRL.P No. 103434 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103434 OF 2023
BETWEEN:
SHRI. PREMANAND S/O. VISHNU GAVAS, AGE. 45 YEARS, OCC. BUSINESS, R/O. OPP. INDOOR STADIUM, SUBHAS NAGAR, DANDELI, TQ. DANDELI, DIST. UTTARA KANNADA-581 325.
…PETITIONER
(BY SRI. SHIVRAJ S BALLOLI, ADVOCATE)
AND:
YASHAVANT NARAYANKAR
SHRI SUNIL NAGESH PADAWALKAR AGE. 47 YEARS, OCC. PRIVATE BUSINESS, R/O. H. NO.98, KHB COLONY, AMBEWADI, DANDEWALLI, DANDELI, TQ. DANDELI, DIST. UTTARA KANNADA-581325
…RESPONDENT
Location: HIGH COURT OF KARNATAKA
(BY SRI. NEELENDRA D GUNDE, ADVOCATE FOR SRI SANTOSH B MANE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE IMPUGNED ORDER DATED 25.05.2023 PASSED BY THE CIVIL JUDGE AND JMFC, DANDELI ON THE
APPLICATION MADE BY THE PETITIONER U/S 45 OF THE INDIAN EVIDENCE ACT, IN CC NO.90/2019.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed praying to quash the order dated 25.05.2023 passed in C.C.No.90/2019 on the application made by the petitioner under Section 45 of the Indian Evidence Act.
the petitioner for offence under Section 138 of N.I. Act and it is pending in C.C.No.90/2019 on the file of Civil Judge and JMFC, Dandeli.
application under Section 45 of the Indian Evidence Act, praying to send the cheque to Forensic science expert to compare hand writing in the cheque with the hand writing of the accused.
learned counsel for respondent.
contents of the cheque are in the hand writing of other person other than the petitioner-accused that cannot be taken into consideration as the said cheque contain signature of petitioner-accused. Considering these aspects, the learned Magistrate has rightly rejected the application filed by the petitioner-accused filed under Section 45 of the Indian Evidence Act. With this, he prayed to dismiss the petition.
cheque, even if the contents of cheque are filled by some other person that cannot be considered as signature on it
is admitted by the petitioner-accused. The petitioneraccused can take benefit of the averments made in para No.2 and 3 of the complaint regarding the transaction of the year 2012 and issuance of cheque at that time, to substantiate his contention that transaction is of the year 2012 and cheque has been issued at that time. Considering all these aspects, the learned Magistrate has rightly rejected the application filed by the petitioner under Section 45 of the Indian Evidence Act by the impugned order. There are no grounds to set aside or quash the impugned order.
9. In the result, the following:
ORDER
The petition is dismissed.
Sd/(SHIVASHANKAR AMARANNAVAR)
JUDGE
RKM, List No.: 1 Sl No.: 59
1 issue framed by the court
Whether the Magistrate rightly rejected the petitioner's application under Section 45 of the Indian Evidence Act to send a cheque for forensic handwriting analysis of its contents?
3 provisions across 3 enactments
Shri. Premanand
Yashavant Narayankar
Shri Sunil Nagesh Padawalkar
Shivashankar Amaranavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
