Dishonour of Cheque -- Disputed Document -- Denial of Signature and Handwriting -- Complainant disentitled from pleading no nexus, FSL reference warranted
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Disputed Document -- Denial of Signature and Handwriting -- Once a complainant denies both the handwriting and signature on a document tendered by the accused, such denial disentitles the complainant from later contending that the document has no nexus with the transaction -- If the complainant wished to take the stand that the document was unrelated, the correct course was to admit execution while explaining its irrelevance -- A trial court cannot reject an application for forensic examination of a disputed document on the conjectural premise that the result would have no bearing on the outcome, since expert examination may directly affect the trial.
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