Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blanks in the cheque not filled by accused - Huge amount of Rs.6.40 lacs involved - No explanation for giving such huge amount in cash which is against the provisions of Income Tax Act - Trial Court directed to allow the complainant to adduce further evidence that she was possessing..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Comparison of handwriting by expert as body of cheque filled in by another person - Accused is entitled to have cheque examined by an expert...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion regarding signatures/handwriting - Issuance of cheque, writing and signatures outrightly denied by accused - To secure the ends of justice, it will be proper to allow examination of cheque by an expert...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of writing on cheque - Assertion of complainant that entire writing of cheque is by petitioner whereas petitioner has denied this and has alleged that he lost three blank cheque containing his signatures including the cheque in question - Comparison of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Dishonour of cheque - Sending the cheque to handwriting expert - Defence evidence - Accused should be given opportunity to bring his evidence on record in defence - He should be given assistance of Court with regard to summoning of witnesses etc...........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Accused moved an application for sending the cheque to handwriting expert - Held, that S.20 of the Act confers only a prima facie right, that too conditional upon the holder of a negotiable instrument - Adducing evidence in support of defence is a valuable right - Allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures denied - Handwriting expert - When cheque is dishonoured for insufficiency of funds then there is no need for handwriting expert to give his opinion on signature on cheque - In case of denial of signature of drawer of a cheque, the best witness would be the concerned Bank Manager and not a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures on cheque disputed - Request to send cheque to handwriting expert for comparison of signatures - Request cannot be declined on ground of delay...........
