Showing : 1-10 of 59 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Plea of giving blank cheque - In a complaint of dishonour of cheque complainant merely has to prove that a signed cheque was given by accused - Whether cheque was filled in by petitioner or by complainant is an immaterial fact - Order rejecting application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Friendly loan - Expert opinion that signature on cheque do not tally with specimen signatures - Court examined disputed signatures with other signatures of accused on various documents on record and found alleged signatures entirely different - Complaint collapses on this..........
DELHI HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right conferred..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed...........
KERALA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 45, Negotiable Instruments Act, 1881, Section 138-- Expert opinion - Dishonour of cheque - Determination of age of handwriting and age of signatures - As of now there are no scientific and technical facilities available in India to scientifically determine age of the handwritings and signatures in a cheque - No useful purpose would be subserved to..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would examine the cheque - It is the duty of defence..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed signatures - Opinion of handwriting expert - Application filed when case was fixed for recording statement of accused u/s 313 Cr.P.C. - Cheque in question was not returned on account of dissimilarity in signature of accused - Accused did not file any complaint..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73-- Dishonour of cheque - Expert opinion - Admittedly, accused denied his signatures on cheque, but said issue not raised in trial Court but same raised in appellate Court - No adverse inference can be drawn because it all depends upon advocate who represent accused and his legal accuman and advise..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Expert opinion - If blank cheque was issued by drawer and after signing, then S.20 of the Act will have no application - Even, blank cheque filled up by holder is a valid instrument in eyes of law - As old ink used by a person to fill up contents of cheque, no useful purpose..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........

Showing : 1-10 of 59 Results