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..........
Evidence Act, 1872, Section 17 -- Admission - Execution of document - When execution of a document is either admitted or proved and no disabling factor or vitiating circumstances is alleged or proved, admission or proof of signature with necessary formalities, if any will be proof of execution with knowledge of contents at least prima facie for purpose of shifting the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque and trade relationship between complainant and accused is admitted by accused - Ledger accounts extract maintained in the course of business proves debt payable by accused to complainant - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........
Service -- Banking service - Misconduct - Dismissal - Respondent being employed in a Bank as a clerk-cum-cashier, fraudulently and dishonestly opened savings account in joint names of himself and his sister-in-law by forging her signatures and encashed a demand draft issued in favour of his sister-in-law - Inquiry officer opined while observing admitted signatures in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When once signature on cheque is admitted, presumption u/ss 139, 118 of the Act comes into play and such presumption has not been rebutted by any legally tenable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Identity of author of signature cannot be concluded merely by matching one letter of questioned signature with admitted signature...........
Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque and cheque pertaining to accused account was admitted, then complainant entitled to presumption u/ss 118, 139 of the Act to effect that cheque was issued for discharge of debt or liability...........
