In Brief
The case involved criminal appeals arising from an FIR alleging forgery and cheating based on four allegedly forged receipts totaling Rs. 1.2 crores. A parallel cheque dishonour case under Section 138 of the Negotiable Instruments Act and a civil recovery suit were also pending. The High Court declined to quash the FIR but quashed the cheque case. On appeal, the Supreme Court held that expert handwriting opinion is not conclusive evidence, and since the genuineness of receipts was a pending issue in the civil suit, the FIR should not have been registered. The Court also found error in quashing the cheque case, as the admitted issuance of cheques attracted statutory presumption under Section 139 of N.I. Act. The appeals were allowed, the FIR was quashed, and the cheque case was restored for trial.
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