Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Production of evidence of handwriting expert at appellate stage - Permissibility - Held, evidence of handwriting expert necessary for elucidation of truth between parties - Applicant/ accused had already summoned to procure attendance of handwriting expert..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Appellant/complainant alleged that cheque issued by respondent/accused towards repayment of loan amount to appellant/complainant got dishonoured - Defence of respondent/accused that he had given blank cheque as security and said cheque has been misused by appellant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures - Expert opinion - Accused admitting having issued five blank signed post dated cheques - No necessity of sending cheque to handwriting expert when signatures are admitted - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Handwriting expert - Execution or entrustment or issuance of cheque not disputed - Held, dismissal of application u/s 45 of Evidence Act for sending the cheque to handwriting expert by trial court calls for no interfere...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
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..........
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 -- Dishonour of cheque - Comparison of signatures by an expert - In the case of denial of signature by the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert...........
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, Criminal Procedure Code, 1973, Section 243(2) -- Evidence Act, 1872, S.73 - Dishonour of cheque - Denial of signature by drawer - Held, in case of denial of signature of drawer of a cheque, best witness would be concerned Bank Manager and not a handwriting expert...........
