Supreme Court of India · 2006-12-11
Mrs. Kalyani Baskar vs Mrs. M. S. Sampoornam
- Citation / case number
- AIRONLINE 2006 SC 318
- Court
- Supreme Court of India
- Petitioner
- Mrs. Kalyani Baskar
- Respondent
- Mrs. M. S. Sampoornam
- Author
- Lokeshwar Singh Panta
- Bench
- G. P. Mathur, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that under Section 243 of the Code of Criminal Procedure, 1973, a Magistrate has the discretion to send disputed documents for expert opinion, but it is not mandatory in every case. The Court emphasized that the genuineness of the signature on a cheque must be established for a conviction under Section 138 of the Negotiable Instruments Act, 1881. The dismissal of the appellant's application for expert opinion was found to be erroneous, leading to the conclusion that the appellant should be allowed to defend her case adequately.