Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admission of signature in a cheque leaf alone - Does not constitute admission of execution of the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution is not used in S.138 of the Act - The only overt act which makes a person liable for the offence u/s 138 of the Act is 'drawing' of cheque - 'Drawing' is also referred as 'execution' as a legal synonym - Held, absence of word 'execution' in S.138 of the Act is of no consequence - It is not an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof of - Mere production of a cheque or marking the same as an exhibit does not prove that the cheque is 'drawn' by the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof Contents filled by a person other than accused - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Mere fact that cheque produced in Court came from possession of complainant alone is not sufficient to prove execution, even though it may be one of the circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution/drawn - Proof - Cheque handed over or delivered to complainant and cheque drawn by accused - Both are independent facts - Merely to say that cheque was handed over by accused is not proof of execution/drawn of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' - There must be a pleading and proof that cheque was drawn or executed by accused - Mere fact that cheque is produced in Court by complainant is not sufficient to prove execution, even though it may be one of the circumstances - In the absence of proof of fact of drawing, an accused cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' is also referred as `execution' as a legal synonym - Absence of word `execution' in the provision is of no consequence - It is not an excuse not to prove execution/drawing in a prosecution under S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 67 -- Dishonour of cheque - Drawn - Proof - It is primarily proved by examining the person who executed or created the document by writing and signing in the same - When such examination is not possible, execution can be proved by examining a person who saw the document being written and signed - In..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque filled up by some other person - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance - When such evidence is not available prosecution can establish execution/drawing by placing..........
