Allowed

Kala Raju, v. State of Kerala

Kerala HC9 Aug 2021Crl.MC/3124/2021

Case brief

AI extract

What is this about?

The High Court allowed an application for expert examination of cheque handwriting, setting aside the trial court's order. It held that mere signature admission does not discharge the complainant's burden to prove due execution or justify denying defence evidence on cheque validity.

What did the court decide?

The impugned order dismissing the application for sending disputed handwriting for expert examination is set aside. The application under Section 45 is allowed.

Kala Raju, Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 CRL.MC NO. 3124 OF 2021

¶3

AGAINST THE ORDER/JUDGMENT IN CC 3804/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT ( NI ACT CASES) ERNAKULAM PETITIONER/ACCUSED:

¶4

KALA RAJU, AGED 48 YEARS W/O. RAJU, MATHARATTU HOUSE, VENNALA P.O. KOCHI 28, NOW RESIDING AT C/O. PRAKASHAN, KALLUMADATHI HOUSE, NJARAKKAL P.O. ERNAKULAM DISTRICT 682 505.

¶5

BY ADVS. SAM ISAAC POTHIYIL TINU JOHNSON VISHNU DAS SRUTHI DAS PHILIP ARUN M.N. MOHAMED AMJAD, K.MJISHMA K.S OSHIN MENDEZ

¶6

RESPONDENTS/STATE & COMPLAINANT:

¶7

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

¶8

2 K.K. DAMODHRAAN, AGED 46 YEARS S/O. KRISHNANKUTTI, KALAYATHINGAL HOUSE, VENNALA P.O. KOCHI 28, NOW RESIDING AT KARIPPASERI HOUSE, CHURCH ROAD, ST. JOHN LINE PALLINADA, PALARIVATTOM, P.O. ERNAKULAM 682 025.

¶9

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶10

CRL.MC No. 3124 OF 2021

¶11

¶12

O R D E R

¶13

By relying on Bir Singh Vs. Mukesh Kumar (AIR 2019 (SC) 2446) and Sandhya Rani. G. Vs. State of Kerala (2020 (2) KLT 594 ), the learned Magistrate dismissed an application for sending the disputed handwriting of the cheque in question for expert examination under the premise that admission of signature in the cheque would prove the validity of the cheque in question. The legal position settled by the Apex Court followed by this Court in the above said decisions has not been properly understood by the learned Magistrate. Mere admission of signature alone would not discharge the initial burden lies on the complainant to prove its due execution. Execution of a document must be understood as executed with the necessary intention to give effect to the document. In the case of negotiable instruments, mere admission of signature found affixed in the cheque alone will not discharge the initial burden to prove the due execution. Further, it is not permissible to curtail the right of adducing evidence in support of the defence taken up. Hence, the impugned order will not reflect the proper application of law in force and the same is liable to be set aside. I do so. The application

¶14

CRL.MC No. 3124 OF 2021

¶15

¶16

will stand allowed. The parties shall appear before the trial court to proceed further in the matter.

¶17

Crl.M.C will stand allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

al/-

CRL.MC No. 3124 OF 2021

¶23

¶24

APPENDIX OF CRL.MC 3124/2021

¶25

PETITIONER ANNEXURE

¶26

Annexure A1 THE TRUE COPY OF THE COMPLAINT FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS COURT WHICH IS NUMBERED AS CC NO. 3804/16. Annexure A2 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER HEREIN UNDER SECTION 45 OF INDIAN EVIDENCE ACT WHICH IS NUMBERED AS CMP NO. 5337/20. AnnexureA3 THE TRUE COPY OF THE ORDER DATED 12.03.201 IN CMP NO. 5337/20 I CC NO. 3804/16 BEFORE THE JFCM NI ACT CASES. Annexure A4 THE TRUE COPY OF THE JUDGMENT IN NAGAPPA VS MURALIDHAR, 2008(3) KLT 158 SC.

Kala Raju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kala Raju, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naser Thampi, Vs State of Kerala

Naser Thampi Vs State of Kerala

Unnikrishnan Vs State of Kerala

M/S.Ronnie Associates Vs State of Kerala

M/S. Ronnie Associates Vs the State of Kerala

Manoj Vs State of Kerala