Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2006

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.

Mrs. Kalyani Baskar vs Mrs. M. S. Sampoornam · Niyam