In defence, the accused examined Expert to prove cheque does not bear his signature -- In cross-examination it was specifically put to the complainant that the Cheque does not bear the signature of accused – If the complainant knowing fully well that the accused has denied his signatures on the cheque did not opt to examine an expert, he cannot be allowed to examine an expert by way of rebuttal to defence evidence of a hand writing expert -- It cannot also be said to be an inadvertent mistake -- Section 311 Cr.P.C. is not intended to fill up the lacuna.

(P&H HC) Decided on: 13.01.2015