Satbir Singh vs Ved Prakash
2023 Latest Caselaw 1345 P&H

218         CRM-A-1190-2019

            Satbir Singh Vs Ved Prakash
            * * * *
Present:    Mr. Manu Sachdeva, Advocate for
            Mr. Abhimanyu Singh, Advocate
            for the applicant-appellant.

            * * * *
            Learned counsel submits that the cheque was

dishonored not on account of mismatch of signatures but on

account of insufficiency of funds.          Learned Trial court has

relied upon the statement under Section 313 of the accused

wherein he denied his signatures. Therefore, the Court

observed that it was incumbent on the complainant to prove

on record the alleged signatures belong to the accused either

by any handwriting expert or by any oral or documentary

evidence, which has not so been done. Learned counsel relies

upon the judgment of Hon'ble Supreme Court of India in Civil

Appeal No. 2271 of 1998 titled L.C.Goyal Versus Mrs. Suresh

Joshi decided on 12.03.1999, wherein it has been held that in

case the cheque has not bounced on account of the fact that

the   signatures    were    not     tallying    but   on   account   of

insufficiency of funds, it was held that there was no

requirement of examination of handwriting expert.

            In view of the above, the present application

seeking leave to appeal is allowed.

            Registry is directed to assign the appeal number.

            Let notice be issued to the               respondent for

26.04.2023.

[ AMAN CHAUDHARY ] 20.01.2023 JUDGE renu

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