Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - The phrase `admitted or proved to the satisfaction of the court' used in S.73 contemplates that specimen document taken for comparison of writing or signature in the purported document must be undisputed one and all parties to the dispute must admit the specimen signature or writing in the base document...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque is admitted by accused, Magistrate is bound to raise presumption u/s 139 of the Act by presuming that such cheque was issued towards legally enforceable debt...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Due execution - Execution of sale deed is not proved by its vendor since scribe of sale deed admitted that he did not know vendor or his handwriting or signature - Scribe of sale deed also could not say whether vendor executed sale deed before Sub-registrar - Execution of sale deed thus, not proved being not..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signature scribed in open Court, vakalat, suit summons and written statement cannot be termed as admitted signature - Post filing of suit there is every likelihood of party disguising the signatures...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
