Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Where cheque as well as signature are accepted by accused, presumption u/s 139 of Act would operate - Burden is on accused to disprove the cheque or existence of any legally recoverable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - When cheque is not returned by bank for the reason of dissimilarity in the signature then it is not necessary to send the disputed cheque to the handwriting expert for his opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - Signature on cheque not disputed - It is for the accused to prove that cheque in question was not issued to the complainant by him and was given to the complainant by his brother-i, law and for that purpose,..........
Criminal Procedure Code, 1973, Section 482, 311 -- Permissibility to led Additional Evidence - Validity - Application of additional evidence was filed by complainant after accused has already led his evidence in defence - During cross-examination accused raised a positive and categoric plea that cheque in dispute does not bear his signatures - Held, Complainant knowing..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........
Negotiable Instruments Act, 1881, Section 138, 20, 87 -- Dishonour of cheque - Material alteration - Contents of cheque - Expert opinion - Signatures when admitted then contents of cheque cannot be disputed - Drawer of cheque can give a blank cheque being filled up subsequently - Difference in the handwriting or ink pertaining to material particulars filled up in..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Cheque returned with endorsement that joint signatures are required - Offence u/s 138 of the Act is still attracted as accused cannot avoid responsibility - Complainant did not know that joint signature are required - As per S.139 of the Act it has to be presumed that cheque was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan admitted - Plea of return of loan - Repayment of loan entered in a diary, which is alleged to bear the signature of complainant - Complainant denied her signature - No evidence to prove the alleged signatures of complainant - No handwriting expert examined to prove the alleged signature of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Signature comparison - Cheque in question was handed over by petitioner in pursuance of compromise passed by Court - Request of petitioner for sending cheque for examination of his signatures to FSL is absolutely unwarranted - Court rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Goods sold and a bill prepared in that regard but bill does not bear the signature of accused - Reference of vehicle number in which the goods were transported - Held, accused cannot be acquitted on the ground that bill is not attested by accused...........
