Case Law Analysis
|Karnataka High Court
Section 138 NI Act | Denial of Signature Authenticity Shifts Burden to Accused to Prove Non-Issuance: Karnataka HC
Karnataka High Court rules that once an accused denies signing a dishonoured cheque under Section 138 of the Negotiable Instruments Act, the trial court must allow expert examination of specimen signatures from bank records. Failure to provide this opportunity violates the accused’s right to a fair trial, reinforcing that mere denial does not discharge the burden of proof without forensic scrutiny.