Allegation of Forgery:
- The petitioner claimed that two cheques were forged using the signatures of his deceased father, who was bedridden and physically unable to sign.
2. Trial Court’s Dismissal:
- The petitioner requested the court to send the cheques and specimen signature cards to the Punjab Forensic Science Agency (PFSA) for signature comparison.
- The trial court rejected this request.
3. Petition to Lahore High Court:
- The petitioner challenged the trial court’s dismissal in the Lahore High Court, seeking a review of the decision.
4. High Court’s Ruling:
- The Lahore High Court ruled that in criminal cases, the justice system is inquisitorial. This means the court must actively seek the truth and consider all relevant evidence, even if not provided by the parties.
- The court highlighted that it is necessary to fill evidentiary gaps to ensure a fair decision.
5. Legal Precedents:
- The court referred to Sections 94 and 540 of the Criminal Procedure Code (CrPC), which allow the court to summon documents or witnesses essential for a just trial.
6. Final Decision:
- The Lahore High Court set aside the trial court’s order.
- It directed the disputed cheques and specimen signature cards to be sent to the PFSA for signature comparison, ensuring all necessary evidence was examined.
This decision reinforced the court’s duty to pursue all relevant evidence to guarantee a fair and just trial.