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Section 138, Evidence Act, 1872, Section 73 - Dishonour of cheque - Plea of accused that cheque was forged - Accused did not examine expert witness - It is permissible for Court under Section 73 Evidence Act to compare the signatures. (Pandian Vs Sowrirajan) 1999(3) CIVIL COURT CASES 97 (Madras) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0753
Section 138 - 'Cheque reported stolen' - Cheque dishonoured with this endorsement - It shows intention of drawer that he wanted to stop payment - Offence u/s 138 is made out - Merely because drawer issued a notice to the drawee or to the Bank for stoppage of payment, it will not preclude an action under Section 138 by the drawee or the holder of cheque in due course. (Chandran Vs Sathyanandan) 2000(3) CIVIL COURT CASES 181 (Kerala) : 1999 - 2001 (SUPP.) ISJ (BANKING) 0010
Section 138 - Cheque whether genuine or forged - To be decided by criminal Court. (Virander Kumar Sachdeva Vs Vijay Kumar) 1998(3) CIVIL COURT CASES 504 (P&H) : 1999 (1) BANKING CASES 0460
Section 138 - Complaint filed u/s 138 - Accused alleging cheques stolen and signatures forged - No finding given on this aspect so far - Until the Magistrate decides the said allegations of forgery on evidence adduced by both parties, it cannot be held that those documents are really forged - Until then, contempt proceedings not maintainable. (M/s Jaju & Co. Vs Shanta Devi Dhoot) 1998(2) CIVIL COURT CASES 19 (A.P.) : 1999 (1) BANKING CASES 0049 : 1998 (2) BANKING CASES 0200 : 1998 (1) CRIMES 0393
Section 138 - Dishonour of cheque - Contention of accused that he had not taken any loan and cheque in fact was stolen - No intimation to the Bank to stop the payment of the cheque as it had been stolen - Record of theft thus not relevant for trial of offence under Section 138 of the Act. (Saraswathi Vs V.Balakrishnan) 1999(SUPPL.) CIVIL COURT CASES 594 (Mad.) : 1999 (3) ALL INDIA CRIMINAL LR (MADRAS) 0314 : 1999 (2) CTC 0298
Section 138 - Genuineness of cheque - Trial Court to decide factual controversy - High Court will not interfere u/s 482 Cr.P.C. (M/s Shivalik Fibres Pvt. Ltd. Vs State of Punjab) 1998(3) CIVIL COURT CASES 457 (P&H) : 1999 (1) CIVIL LJ 0648 : 1999 (1) BANKING CASES 0254 : 1998 (3) CHANDIGARH CRL. CASES 0129 : 1998 (4) CRIMES 0652
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