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, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
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..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Disputed signatures - Determination of age of ink - Application for expert opinion filed at belated stage - Accused never came up with any specific defence until his statement u/s 313 Cr.P.C. was recorded - More so, accused has already been given..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
