Court can compare signatures in cheque and bank
In a cheque case under Section 138 of the Negotiable Instruments Act (NI Act), if the accused disputes the signature on the cheque, then the court can summon certified copies of the signatures from the bank to compare it with the signature appearing on the cheque, says the Supreme Court in Ajitsinh Chehuji Rathod v State of Gujarat & Another.
The signature on a cheque carries a presumption of genuineness as per Section 118(e) of the NI Act. Hence, the accused should lead evidence to rebut the presumption of genuineness of signatures.
Certified copy of signature is admissible
The SC points out that the certified copy of a document issued by a Bank is itself admissible under the Bankers’ Books Evidence Act, 1891 without any formal proof thereof. Hence, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Indian Evidence Act, 1872.
in short in Cheque Bounce cases, the court can compare signatures on cheques with certified copies of specimen signatures (IEA).
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