Mohali: A special court of the Central Bureau of Investigation (CBI) has dismissed a revision petition filed by one of the accused challenging provision of signature samples in a bank fraud case, upholding the trial court’s direction to provide fresh samples of signatures for forensic examination.The case pertains to an FIR registered in 2022 based on a complaint by the then branch manager of Punjab National Bank, alleging that a loan of Rs 3.50 crore was fraudulently obtained using a fake identity. According to the allegations, an individual impersonating as Surinder Kumar secured a cash credit limit from the bank, which was later declared a non-performing asset (NPA). During investigation, the CBI had collected signature samples of the accused and sent them to the Central Forensic Science Laboratory (CFSL) for analysis. The forensic report indicated the need for additional samples, following which the trial court directed the accused to furnish fresh signatures. Challenging this direction, the accused approached the CBI special court, arguing that an individual could not be compelled to provide signature samples without being arrested. The defence also contended that such an order at the trial stage would amount to filling gaps in the prosecution’s case. Rejecting these arguments, the court held that under Section 311-A of the Code of Criminal Procedure (CrPC), a magistrate was empowered to direct any person to provide specimen signatures or handwriting at any stage of the proceedings if it is considered necessary for the investigation or trial. The court clarified that arrest is not a prerequisite for issuing such directions. At the same time, the Court noted that while an accused cannot be physically compelled to provide signatures, refusal to comply may invite an adverse inference . Upholding the trial court’s order, the special court dismissed the revision petition and directed the authorities that a copy of the order be sent to the concerned court for further proceedings.
