Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Appellant/complainant alleged that cheque issued by respondent/accused towards repayment of loan amount to appellant/complainant got dishonoured - Defence of respondent/accused that he had given blank cheque as security and said cheque has been misused by appellant -..........
Criminal Procedure Code, 1973, Section 165 -- Investigation - Taking of voice sample - Validity - Held, if an accused person is directed to give his voice sample during the course of investigation of an offence there is no violation of his right u/Art.20(3) of the Constitution - Voice sample is like finger print impression, signature or specimen handwriting of an accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures - Expert opinion - Accused admitting having issued five blank signed post dated cheques - No necessity of sending cheque to handwriting expert when signatures are admitted - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Handwriting expert - Execution or entrustment or issuance of cheque not disputed - Held, dismissal of application u/s 45 of Evidence Act for sending the cheque to handwriting expert by trial court calls for no interfere...........
Identification of Prisoners Act, 1920, Section 4, 5, Criminal Procedure Code, 1973, Section 311A -- Handwriting, obtained from an accused or from a person, during investigation, for having committed an offence; in the law is different vis-a-vis `fingerprints' or `measurements' obtained during investigation - With respect to handwriting or signatures, neither can the..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Specimen thumb impression or signature or a specimen of handwriting - Court can direct accused to give specimen thumb impression or signature or a specimen of handwriting in the open Court for the purpose of comparison with the admitted signatures...........
Evidence Act, 1872, Section 47, 73 -- Scope - Identification of handwriting - S.73 provides for comparison by Court with writing sample given in its presence, or admitted, or proved to be writing of concerned person - However, opinion of handwriting expert is fallible/liable to error like that of any other witness, yet it cannot be brushed aside as useless - Court may..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion for verification of handwriting and signatures - Signatures not specifically denied - S.20 of the Act authorizes the payee or holder in due course to complete an incomplete Negotiable instrument - There was no necessity to send the disputed cheque to hand writing expert for verification..........
Evidence Act, 1872, Section 45 -- Expert opinion - Specimen signatures and writing - Defendant disputing signatures and subsequent insertion of date in the agreement - Application cannot be dismissed on the ground that it is for the defendant to prove the same if he disputes - Defendant directed to give his specimen signatures and handwriting regarding the date for..........
