Showing : 91-100 of 115 Results

KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Mere proof of signature on cheque is not proof of its execution - In the absence of any positive evidence regarding the execution of the cheque by accused, it is to be held that the accused had issued only blank cheque and the same was not executed by him - Simply because the..........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque theory - `Drawn' - Has to be understood as execution - Putting signature on the blank cheque is not equivalent to the word `drawn' - Word `Drawn' in the provision has to be understood as `execution' of cheque...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his signature on the..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Petitioner after receiving legal notice on account of cheques issued by him were dishonoured had not disputed the averments made by respondent that dishonoured cheques had been issued by him - Revision/petitioner had sent his reply admitting liability and asking only the copy..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signature on cheque denied - No steps taken to prove that the said signature is that of the accused - Complaint is liable to be dismissed...........
KERALA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption u/s 139 - Available only when it is proved that cheque was drawn by accused - To draw a cheque it must be prepared by the drawer himself or cause the relevant details in the cheque to be filled up by another person under his instructions but the cheque shall be..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signatures denied - Handwriting expert - When cheque is dishonoured for insufficiency of funds then there is no need for handwriting expert to give his opinion on signature on cheque - In case of denial of signature of drawer of a cheque, the best witness would be the..........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Signature in cheque - Admission of signature in cheque is not equivalent or synonymous with admission of execution - By mere admission of signature right of accused to contend that a blank signed cheque was misutilised by the payee is not taken away...........
KERALA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Misutilisation of blank signed cheque - Sending cheque to handwriting expert - Admission of signature in cheque is not equivalent or synonymous with admission of execution - Magistrate directed to forward the cheque to expert for comparison if accused wants the admitted..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of Cheque - Signature on cheque denied from the very beginning - Comparison of signatures - Comparison of signatures by Bank Manager - Bank Manager though by practice is experienced to compare the signatures but be cannot be said to be handwriting expert with necessary expertise - Cheque..........

Showing : 91-100 of 115 Results