Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion for verification of handwriting and signatures - Signatures not specifically denied - S.20 of the Act authorizes the payee or holder in due course to complete an incomplete Negotiable instrument - There was no necessity to send the disputed cheque to hand writing expert for verification..........
Evidence Act, 1872, Section 45 -- Expert opinion - Specimen signatures and writing - Defendant disputing signatures and subsequent insertion of date in the agreement - Application cannot be dismissed on the ground that it is for the defendant to prove the same if he disputes - Defendant directed to give his specimen signatures and handwriting regarding the date for..........
Evidence Act, 1872, Section 45, 47, 73 -- Handwriting or finger print - Expert opinion - Possible only if expert is permitted to obtain photographs of the signatures so appearing on the documents - Order impugned in not permitting the finger print and handwriting expert to take photographs of the signatures, set aside...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Complaint - Application for sending documents for examination and opinion of handwriting expert - Rejection of - Held, it would amount to depriving accused of opportunity of rebutting presumption - Impugned order of rejection of application liable to be set aside...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Opinion of Expert - Dishonour of cheque - Denial of signature of drawer of a cheque - Held, best witness would be the concerned Bank Manager and not a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Conviction - Sessions Judge set aside conviction and directed Magistrate to get an expert opinion regarding alleged alteration in cheques - Accused persons had filed petition to send cheques for opinion of handwriting expert which was disallowed by Magistrate - High Court..........
Evidence Act, 1872, Section 73, 45 -- Comparison of signatures - Sending documents for opinion of expert - S.73 enables Court to undertake exercise of comparison of signature, writing or seal without need for sending same to opinion of handwriting expert - S.45 does not cast an obligation on Courts to send a disputed document for expert's opinion as matter of course -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures - Expert opinion - Signatures of accused on cheque disputed - Accused requested Court to send the cheque for handwriting expert's verification but it was not done - Matter remanded to trial Court to get the opinion of handwriting expert and dispose of the matter thereafter...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Opinion of handwriting expert - Application for - Petitioner is admitting signatures on cheque as his own - Dispute sought to be raised is with regard to handwriting pertaining to other contents only - Trial court rejected application on count that on acceptance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Sending cheque to Handwriting expert for examination - Need for - Signature on disputed cheque admitted by accused - Held, there is no need for sending disputed cheque for examination by handwriting expert concerning other part of cheque concerning date, amount etc. alleged to be filled..........
