Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Signature on cheque alleged to be forged - Certified copy of specimen signatures maintained by Bank can be procured with a request to Court to compare the same with the signature appearing on the cheque by exercising powers u/s 73 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque alleged to be forged - Accused can procure certified copy of his specimen signatures from the Bank and request can be made to summon the concerned Bank Official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was dishonoured for want of sufficient funds - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Settlement arrived at between parties - Complainant has signed the compromise deed accepting a particular amount in full and final settlement of default amount and fine amount awarded by trial Court - Proceedings u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........