Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Indian Penal Code, 1860, Section 180 -- Offence u/s 180 IPC - S.180 IPC gets attracted only if a statement is refused to be signed which a public servant is legally competent to require the person making statement to sign...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice - Seal of first accused/partnership firm is affixed and a representative of first accused have signed postal acknowledgement card - Notice sent to second accused same person in the said address had signed and fixed seal acknowledging the receipt of notice - Affixture of..........
Legal Services Authorities Act, 1987, Section 22C(7), Kerala State Legal Services Authority Regulation, 1998, Rule 33, National Legal Services Authority (Lok Adalats) Regulations, 2009, Rule 17 -- Award of Lok Adalat - Award not signed by parties - When award is not signed by parties, award is not binding on them - Signatures of lawyer alone in the award cannot validate..........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Defendant contended that it was a signed blank cheque that was entrusted to plaintiff - However, same is denied by plaintiff - DW1 even admitted that borrowed amount has not been repaid - In the absence of evidence to the contrary, case of plaintiff is liable to be accepted - Plaintiff is entitled..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Defendant disputing his signatures in Hindi contending that he always signs in English - On summons he signed in Hindi - Whole basis of disputing signatures stands washed away - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
