Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Authorship of handwriting - Authorship of handwriting is irrelevant when issuance of duly signed cheque voluntarily given is admitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of handwriting expert by an accused in evidence of rebuttal - When a contention is raised that complainant has misused the cheque by filling up the body of the same, even in a case where presumption can be raised u/ss 118(a) or 139 of the Act, an opportunity..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
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, 73 -- Dishonour of cheque - Handwriting expert - Signatures on cheque admitted by accused while recording his defence statement u/s 263(g) Cr.P.C - Accused thus, cannot escape his liability on the ground that same had not been signed by him - Moreover, if there was any manipulation/alteration in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheques - Sending cheques to expert for comparison of handwriting - Mere difference in handwritings found in cheques, cannot be a ground to file application for expert opinion...........
