Needs Great Care: Kerala HC Cautions On Comparing Signatures Based On Photocopy When Original Document Is Absent, Calls It 'Slippery Slope'

The Kerala High Court recently cautioned that comparing signatures based on photocopy, in the absence of an original document, is a “slippery slope” and should be done with great care and circumspection. The defendants argued that Rs.45 lakhs received from the lawyer "was in fact not a loan to clear off the Bank dues as alleged", but an "advance" amount paid by the lawyer pursuant to an agreement dated April 23, 2023 wherein he had agreed to purchase the hospital for Rs. The sub court heard the parties and on a "comparison of the signatures" of the lawyer in the "plaint" and in the April 23, 2023 agreement found on the threshold, that the "signatures had been put in by one and the same person and hence the contention that the amount of Rs.45 lakhs was paid by the plaintiff towards advance purchase money for the purchase of the 1st defendant hospital was prima facie valid". The sub court found that subsequently when the hospital was sold to M/s.SunriseInstitute, the Rs.45 Lakhs due to the lawyer had been specifically mentioned along with other liabilities enumerated in Annexure C of the sale agreement which the defendants entered into with M/s.Sunrise Institute. Further, as rightly contended by the counsel for the plaintiff, in view of the advanced technology available, when the original document is not available for scrutiny, a comparison based on photocopy is quite a slippery slope and ought to be treated with great care and circumspection.” It said that the mere presentation of the copy of the plaint "containing an assertion" by M/s.Sunrise Institute that all obligations as per Annexure C have been met does not by itself discharge the obligation of the MD to "explain the receipt of Rs.45 lakhs into his account".