If Cheque’s signature differs from the bank specimen signature, the issues of its issuance and a legally enforceable debt can be resolved based on other evidence, there is no necessity to send it for comparison by an expert – P.K. Sangaman Vs. A.Palanisamy – Madras High Court
The Hon’ble Madras High Court held that since admittedly the signature in the cheque differs from the specimen signature of the petitioner given to the bank, the questions as to whether the petitioner issued the cheque and whether it was issued for a legally enforceable debt can be determined with reference to other evidence on record and therefore there is no necessity to send it for comparison by an expert. It is needless to say that the learned Magistrate may consider the defence of the accused and the claim of the respondent after considering all the evidence on record.