Kerala High Court has set aside an acquittal in a cheque bounce case where wife was claiming that her husband had forged her signature on the cheque, and it directed the trial court to make fresh consideration.
A bench of Justice Thomas has passed the order in the case titled as Sree Gokulam Chit And Finance ... vs Suman Dominic on 09.10.2019.
High Court observed "It seems that, the Court below brushed aside the entire evidence essentially on surmises. The Court below over looked the fact that the accused was the guarantor to the chitty transaction. The chitty transaction by the husband of the accused is not in dispute. On the other hand, the trend of the cross examination showed that PW1 was not cross examined at length and except making a vague suggestion that the cheque was not handed over by the accused, no further defence was setup. On the other hand, in the detailed reply to the Section 313 Cr.P.C. questioning, the case setup by the accused was that, on enquiry she understood that her husband had chitty transactions. It was revealed later that, at the time of release of the cheque amounts, the office of the chitty company had insisted for a cheque from the wife of the debtor, whereupon the husband is stated to have forged her cheque and handed it over".
High Court further observed "It is pertinent to note that, no evidence was let in by the accused to substantiate it. On the other hand, as mentioned above, the chitty transaction of the husband stood admitted. It was also not in dispute that the wife was a guarantor. There is nothing on record to show that the husband and wife were at logger heads or that they were living separately. Her version that, the signature on the cheque was forged by the husband was not seen put to PW1 in cross examination. On the other hand, her contention is falsified from the very fact that, she has gone to the extent of stating that even the postal acknowledgment produced along with the complaint was forged and produced by the complainant themselves".
Then High Court directed "The judgment of the court below is set aside. The matter is remanded to the court below to consider afresh on the basis of the available materials, after giving a reasonable opportunity to both sides to let in further evidence, if any. Thereafter, the court below shall proceed to pass appropriate orders, as expeditiously as possible, at any rate within a period of four months from the date of appearance of the parties".
Read the Order here:
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