In Brief
The appellant (deceased, represented by legal heirs) filed a criminal complaint alleging forgery of a cheque worth Rs. 20,62,418 against respondents who had sued him for cheque dishonour under Section 138 of the Negotiable Instruments Act. The complaint alleged only that the accused filled in the date and amount on the blank cheque. The Supreme Court held that without clear averments that the cheque itself was unsigned by the appellant or was not handed over to respondents, no prima facie case of forgery arose. Such a scenario suggested the cheque was handed over as security—a defence to be raised in the cheque dishonour proceeding, not a separate forgery complaint. The appeal was dismissed and the High Court's quashing of the complaint was upheld."
The lawyer headnote and full judgment text are available to registered users.