Supreme Court in NI Act: Accused Can Secure Bank-Certified Specimen Signature Copy
Supreme Court in NI Act: Accused Can Secure Bank-Certified Specimen Signature Copy
In a case filed under Section 138 of the Negotiable Instruments Act, the Supreme Court has clarified that when the accused challenges the signature on the cheque, certified copies of the signatures from the bank can be summoned for comparison.
The Apex Court highlighted that under Section 118(e) of the Negotiable Instruments Act, endorsements on a cheque are presumed genuine. Consequently, the burden lies on the accused to present evidence challenging the presumption of authenticity of signatures.
The Supreme Court of India noted that a certified copy of a document issued by a bank is inherently admissible under the Bankers' Books Evidence Act, 1891, without the need for additional formal proof.
“In an appropriate case, 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, “ the Court ruled.
The Bench consisting of Justices BR Gavai and Sandeep Mehta addressed an appeal contesting the Appellate Court's rejection of additional evidence under Section 391 of the Code of Criminal Procedure 1973. This appeal was lodged by the accused against his conviction in a cheque dishonour case. The appellant sought to introduce evidence from a handwriting expert concerning the disputed signature during the appellate stage.
Observing that the authority under Section 391 can only be invoked if the appellant was genuinely hindered from presenting such evidence during the trial despite exercising due diligence, the Court highlighted that the accused had not taken any steps to challenge his signature during the trial. No inquiries were made to the bank witness regarding the authenticity of the signature. Furthermore, the cheque was returned without citing any discrepancies in the signatures.
The Bench expressed the opinion that if the appellant intended to establish that the signatures on the issued cheque from his account were not authentic, he could have obtained a certified copy of his specimen signatures from the bank. Additionally, a request could have been initiated to summon the relevant bank official to testify in defence regarding the authenticity of the signature on the cheque.
Furthermore, during the trial stage, the appellant submitted an application for a signature comparison by a handwriting expert. Despite the dismissal of the application, no challenge was raised. Given these circumstances, the Supreme Court dismissed the appeal, affirming the judgment of the High Court.
