Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application by accused for sending receipt to handwriting expert allowed by trial Court - However, despite repeated opportunities accused failed to take steps for sending documents - Closure of defence of accused held not proper especially when order allowing application..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Cheque dishonoured due to stop payment instructions and not on ground of dissimilarity in signatures - There is no point in sending the cheque for examination to handwriting expert - Application for handwriting expert rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient..........
