Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque is admitted by accused, Magistrate is bound to raise presumption u/s 139 of the Act by presuming that such cheque was issued towards legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Signature of accused over date column - Accused never denied his signature above the date column of cheque - Trial Court rightly observed that accused acknowledged correction of the date i.e. year of cheque - Alteration does not disentitle complainant from negotiating the..........
Negotiable Instruments Act, 1881, Section 138, 50 -- Dishonour of cheque - Endorsement on cheque - Disputed cheque did not contain a valid endorsement as required u/s 50 of the Act - Mere signature of holder on back side of cheque in question is not enough to held holder in due course - Complaint not maintainable - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No pleading in complaint that legally enforceable debt was due and as to when loan was advanced - Written document executed for lending loan was not produced - Conviction u/s 138 of the Act cannot be solely on the ground that cheque bears signature of accused - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the initial burden is discharged by complainant that cheque was issued by accused and signature and issuance of cheque is not disputed by accused, in that case, the onus will shift upon accused to prove the contrary that cheque was not for any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque and trade relationship between complainant and accused is admitted by accused - Ledger accounts extract maintained in the course of business proves debt payable by accused to complainant - Accused rightly convicted...........
