Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration in cheque amount by adding one zero to the figure 10,000 to make it 1,00,000/- - From naked eye it can easily be noticed that additional zero is inserted subsequently - Difference of ink is very much conspicuous - Defence taken by accused regarding material..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138, 118, 20 -- Dishonour of cheque - Writing on cheque - Name of payee written in different ink will not per se render cheque invalid in view of Ss.118 & 20 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.4.50 lakhs - Complainant not able to establish his financial capacity to advance such a huge loan - No document to establish alleged transaction - Failure to establish a close friendly relationship - Complainant does not know the name of wife of accused, details of his other family..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine ink on disputed cheque - Signatures admitted - It is not required that cheque should be filled by the person who has signed the cheque - Order allowing application set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Writing on cheque - There is certainly no evidence to show that body writing on cheque in question is in a different hand or ink and has been made by a person other than the person who had signed on the cheque - Even, if there is any such difference in handwriting, the same would be immaterial once..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine age of ink and writing of cheque - Accused not denied his signatures on cheque - Even, accused had not taken any plea that writing of cheque was in different ink - Accused could not give any plausible reason for sending cheque in..........
