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..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - When the application for expert opinion was moved, same was not objected by petitioner and name suggested by respondent was agreed by petitioner for getting the report as a handwriting expert - Only after the report was received against petitioner objections on report was raised - Filing of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Promissory note - Determination of age of ink - Expert already gave his opinion that signatures on promissory note tallying with admitted signatures - There is no need to send the same again to expert for determination of age of ink and age of paper of Promissory note - Application rightly rejected...........
Evidence Act, 1872, Section 45 -- Expert opinion - Documents in question sought to be examined from handwriting expert was sought after 10 years from its execution - If plaintiff disputes genuineness of subject documents, it is for defendants to establish the plea taken by them in their written statement as to execution of said documents by plaintiffs by leading cogent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Document sought to be produced on record is report of handwriting expert - Once Court has dismissed the application u/s 45 of Evidence Act, Court cannot permit a document to be placed on record, which is obtained by a party, relating to same issue for which earlier prayer has been made and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Authorship of handwriting - Authorship of handwriting is irrelevant when issuance of duly signed cheque voluntarily given is admitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of handwriting expert by an accused in evidence of rebuttal - When a contention is raised that complainant has misused the cheque by filling up the body of the same, even in a case where presumption can be raised u/ss 118(a) or 139 of the Act, an opportunity..........
