Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of signatures on cheque - Accused admitted his signatures on cheque though he denied contents of negotiable instrument - Burden is upon accused to show that cheque was not issued by him for payment of any legally enforceable debt or in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Indian Penal Code, 1860, Section 452, 308 -- Offence u/ss 452, 308 IPC - Serious contradictions in the evidence of alleged eye witnesses and injured witnesses - No plausible explanation given for delay of three days in lodging FIR - Injuries suffered by injured are simple in nature and were not of such a nature which could result in death - Accused rightly acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Promissory estoppel being a rule of evidence in terms of Ss.115 to 117 of Evidence Act, may fall for consideration in the trial of suit and is not a bar under law for instituting the suit itself...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Issue of territorial jurisdiction of Court was not raised at the earliest possible opportunity - Objection filed at the stage when suit was posted for evidence of plaintiff - No case that non-consideration of issue of territorial jurisdiction would result in failure of jurisdiction as..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 45 -- Promissory note - Signatures denied and a plea taken that it was forged - Expert who examined as DW3 stated that case is of imitation forgery or simulated forgery and in his opinion, one requires to go through a model signature in case of simulated forgery - Evidence of PWs 1 to 4 is reliable..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - It is for expert to state whether standard signatures sent are fit for comparison or not - Mere length of period between disputed signatures and standard signatures alone would determine the fitness of standard signatures for comparison...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Expert did not raise any objection about quality of standard signature for use to compare with disputed signature - It is hyper technical to say that it is unnecessary to call for documents with signatures of petitioner for the purpose of comparison or seek opinion of an expert - Court does..........
Evidence Act, 1872, Section 45 -- Expert opinion - Of private expert - FSL view, to whom the document was sent for opinion, opined that necessary comparison would not be possible unless further documents containing signatures of deceased are placed before FSL - Sending documents again to a private expert would not serve any purpose - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 10(1) -- Call of records of any suit or proceedings from other Courts - Civil Court is not barred from calling for and inspecting evidence tendered in a criminal proceeding - However, admissibility and relevance of the same is subject to the document being proved as per the provisions of Evidence Act...........
