Evidence , summoning/examining of --- Lacuna , filling of --- Disputed signatures on bank cheques --- Withdrawal of amount through two cheques from two bank accounts of deceased father of the petitioner / complainant was disclosed to him -

 PLD 2023 Lahore 528

Evidence , summoning/examining of --- Lacuna , filling of --- Disputed signatures on bank cheques --- Withdrawal of amount through two cheques from two bank accounts of deceased father of the petitioner / complainant was disclosed to him --- Petitioner / complainant filed complaint before the Special Court ( Offences in Respect of Banks ) against accused persons alleging that they managed forged signatures on the disputed cheques as his octogenarian ailing father was bed ridden and unable to sign any cheque --- After summoning of the accused persons by the Trial Court , the Petitioner / complainant moved an application to send record available with the banks to the Punjab Forensic Science Agency for comparison of disputed signatures on cheques - in - question with the original / admitted signatures of his late father having been put / taken at the time of opening of bank account on Specimen Signatures Cards ( SS Card ) --- Trial Court dismissed the application moved by the petitioner / complainant --- Contention of the petitioner / complainant was that comparison of the signatures prayed for was necessary for just decision of the case --- Validity --- Entire controversy in the present case revolved around the disputed signatures of the petitioner's father on cheques which were encashed from the banks --- Criminal justice system was not adversarial rather inquisitorial and the Court had to reach at just decision of the case , any piece of evidence which was essential for just decision of the case had to be brought on record irrespective of the fact that either the same would have favoured one party or the other --- Similarly , filling lacuna in the case was immaterial if said piece of evidence was otherwise necessary for securing ends of justice --- Dealing with recording of evidence in criminal cases under Chapter - E of Volume III of the High Court ( Lahore ) Rules and Orders , its R. 2 prescribed the duty of the Court to elucidate facts while Art . 161 of Qanun - e - Shahadat , 1984 gave wide powers to the judge to put question or to order production in order to discover / obtain proper proof of relevant facts --- Section 94 of the Criminal Procedure Code , 1898 , also empowered the Court for summoning to produce document or other thing --- Section 540 of the Criminal Procedure Code , 1898 , stipulated various directory as well as mandatory powers to the Court regarding summoning or examining , thus , as far as filling lacuna left by any party was concerned , if any evidence / material was necessary for just decision of case , then it became mandatory for the Court to summon and examine such evidence / material --- High Court set - aside impugned order passed by the Special Court ( Offences in Respect of Banks ) , and allowed the application moved by the petitioner / complainant , and directed the Trial Court to send record to the Punjab Forensic Science Agency to have comparison of signatures of deceased father of the petitioner / complainant available on the disputed cheques with the admitted signatures of the said deceased available on Specimen Signatures Card -