Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of misuse of lost cheque - Defence taken by accused was substantiated by his application to bank for lost cheque book and deposition of SMO of bank - Complainant in his complaint pleaded that he borrowed sum of Rs.3 lakhs but in cross-examination he stated that cheque was given in lieu of an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Not questioned at the very first instance by not replying the statutory notice - In such situation burden to prove case beyond reasonable doubt cannot be shifted upon complainant - Statutory presumption u/s 139 of the Act continued and it was for accused to discharge the onus by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Evidence of PWs 1 to 3 is consistent regarding execution of promissory note - Defendant failed to show any reason or circumstance to disbelieve evidence of PWs 1 to 3 - He did not deny that promissory note was signed by him - Once it is admitted that defendant had signed promissory note her liability..........
