Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Drawn' - A person can be said to have `drawn' a cheque, if he has made, prepared or created a `cheque' - A cheque consists of mainly, two parts - One is, an unconditional order in writing directing the banker to pay a certain sum of money only, or to the order of, a certain person or to the bearer of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 67 -- Dishonour of cheque - Drawn - Proof - It is primarily proved by examining the person who executed or created the document by writing and signing in the same - When such examination is not possible, execution can be proved by examining a person who saw the document being written and signed - In..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Petitioner/accused accepted facts of issuance of cheque and signature in cheque - Held, respondent/complainant is entitled to invoke presumption u/s.139 of N.I. Act that cheque has been issued only for discharging of existing legal liability - Contention that..........
Criminal Procedure Code, 1973, Section 311 -- Summoning material witness - Application moved by prosecution u/s 311 CrPC for tendering handwritten documents and proof of signature of deceased - Contention that documents were not part of challan, hence, cannot be produced in evidence - Held, handwritten documents found to be necessary for just and proper decision of case -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Denial of signature on cheque - Expert verification - Accused categorically denied his signature on body of cheques from the time of his show cause reply and claimed that his signature has been forged - Held, this is a fit case where orders ought to have been passed to send disputed cheques to an expert..........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7 -- Judgment and decree - Dates thereof - Held, date of decree would be same on which judgment was pronounced but signature of Judge on decree shall be made or can be made subsequently when he is satisfied that decree has been drawn up in accordance with judgment - Therefore, date under signature of Judges on decree..........
Indian Penal Code, 1860, Section 489B, 489C -- Possession of counterfeit currency notes - Proof - Material witnesses PW2 nowhere says in his evidence that notes were sealed after they were seized from accused nor he speaks about identification of seal or identifies signature seizing notes - PW1 does not speak regarding bundle of notes having been covered with any paper or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
Indian Penal Code, 1860, Section 420,468 -- Fraud - Loan advanced - Hand writing expert evidence - Loan advanced in favour of fictitious person - No repayment - Accused Bank Officer putting his own signature advancing loan - Specimen signature and writings collected in presence of witness - Independent witness not examined - Mere seizure not sufficient to prove documents -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3, 32 -- Murder - Appreciation of evidence - Credibility of dying declaration - Accused person allegedly poured kerosene oil on body of deceased and set her on fire causing severe burn injuries resulting into death - Executive Magistrate could not take signature or Left Thumb Impression (LTI) on dying..........
