The Rajasthan High Court has directed a forensic examination of a disputed receipt in a cheque dishonour case, holding that expert analysis of the document could play an important role in the fair adjudication of the dispute. Justice Farjand Ali set aside a trial court order that had refused to send the document for forensic scrutiny.
Background of the Case
The matter arose from proceedings under Section 138 of the Negotiable Instruments Act, which deals with cheque dishonour cases. According to the complaint, a loan of ₹10 lakh was allegedly advanced to the accused, Vikram Singh, against which a cheque was issued. The cheque was later returned unpaid due to insufficient funds.
During the trial, after the statements of witnesses and the accused had been recorded, the petitioner relied upon a document marked as Exhibit D01A. The document was claimed to be a receipt connected to the same financial transaction that formed the basis of the complaint.
The complainant, however, denied both the signatures and handwriting appearing on the receipt. Following this denial, the accused sought a direction for the document to be sent to the Forensic Science Laboratory (FSL) for comparison with admitted signatures and handwriting samples of the complainant.
The trial court rejected that request on 3 January 2026, observing that such verification would not affect the outcome of the case.
Court's Observations
Justice Farjand Ali found fault with the reasoning adopted by the trial court.
The High Court noted that the complainant had completely denied the handwriting and signatures appearing on the disputed receipt. In such circumstances, expert examination became relevant to determine the authenticity of the document.
The bench observed,
“Once the complainant has taken a complete stand of denial regarding both handwriting and signatures appearing on Exhibit D01A, such denial, prima facie, disentitles him from subsequently raising a plea that the document bears no nexus with the transaction involved in the complaint."
The Court further held that the trial court failed to appreciate that forensic examination of the document could have a direct bearing on the just resolution of the dispute.
The bench observed that if the complainant had admitted executing the receipt but disputed its relevance to the transaction, the matter might have stood differently. However, a complete denial of authorship made expert verification necessary.
Decision
Allowing the petition, the Rajasthan High Court set aside the trial court's order dated 3 January 2026 and allowed the accused's application seeking forensic examination of the document.
The Court directed the trial court to send Exhibit D01A to the Forensic Science Laboratory for comparison with the complainant's admitted and undisputed handwriting and signatures available on record, including those appearing on vakalatnamas, applications, and other undisputed documents.
The High Court also directed that the disputed and admitted documents be separately marked before being forwarded to the handwriting expert.
Pending receipt of the FSL report, the Court ordered that further proceedings before the trial court shall remain stayed.
Case Details
Case Title: Vikram Singh v. State of Rajasthan & Anr.
Case Number: S.B. Criminal Miscellaneous (Petition) No. 875/2026
Judge: Justice Farjand Ali
Decision Date: 12 May 2026
