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, 73 -- Dishonour of cheque - Forged signatures - Application for sending cheque to FSL - Genuineness of signatures can be ascertained by Court itself - There is no need to send the cheque for FSL examination - Application rightly dismissed...........
Evidence Act, 1872, Section 45, 73 -- Handwriting expert - It is not necessary for Court to call for a report of handwriting expert before examining and ruling on the veracity of a document premised upon handwriting and signatures found thereon...........
Evidence Act, 1872, Section 73, 45 -- Court can compare signatures but Court cannot act as an expert - Court cannot take responsibility of comparing signatures when disputed - Such matters are of intrinsic technicalities requiring technical expertise - Court is not technically trained or qualified to indulge in comparison of hand writing...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Petitioner alleges forged/manufactured thumb impression on acknowledgement due card - Comparison of thumb impression by an expert is necessary in order to ascertain genuinity of the claim of petitioner - Oral evidence or simple denial will not absolve petitioner of liability to prove her not being author of thumb..........
Evidence Act, 1872, Section 45, 73 -- Adverse presumption - Any objection to an order of comparison of thumb impression by petitioner will lead to an adverse presumption against petitioner...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Disputed signatures - Since, signatures on cheque-1 (Ex.P.1) is different from the signature found on cheque-2 (Ex.P.2) are mutually incongruous - Signatures found on cheques are nothing but forged signatures - Moreover, cheques in question have not been given in..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Appointment of counsel - Sufficient evidence on record that counsel was engaged by applicant - Presence of applicant with counsel before Court established beyond doubt about engaging counsel - Counsel also found in possession of records of case of applicant - There is no necessity or requirement of examining signatures..........
Indian Penal Code, 1860, Section 302, 309, Evidence Act, 1872, Section 73 -- Murder - Comparison of disputed and admitted signatures on arrest memo, seizure memo and recovery memo - Prosecution failed to prove admitted signatures of accused on arrest and seizure memo - Nobody has appeared in Court to said that signatures were made in his presence or they have conversant..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Disputed signatures/finger print - When opinion of expert is available on record, it would be improper for the Judge to draw a contrary opinion merely based on visual comparison by disregarding the expert opinion...........
