value of the cheque) and cheque bearing
No.0951906 dated 26.5.1998 and fraudulently encashing
cheque bearing No.0951917 dated ... forging signature in the Cheque Issuing
Register. The accused had kept cheque books containing
cheque leaves which included
cheque at
the time of lending of the loan amount and he was
present at the time of issuance of the cheque and
the contents ... cheque I.e the
cheque in question was already in the possession of
the complainant and as per his instructions only
the cheque in question
sister marriage. Accused has taken contention that
signature and contents written in the cheque are not
belongs to her and there is difference ... complainant that the
cheque was issued for discharge of debt, said cheque was
presented for encashment. Cheque was returned for funds
insufficient. Then he ought
impugned cheque was
given as a predisbursement condition, however, there is no law that such cheque is a
security cheque. The learned counsel ... accused had the liability of the cheque amount on the date
mentined on the cheque. It is further contented that the present cheque in question
refer Ex.P1-Cheque for scientific investigation to
ascertain the age of ink found on the cheque. As
this contention was taken ... cheque to the complainant. Therefore, the
accused did not dispute the issuance of cheque,
but he has disputed the age of the ink and
contents
infavour
of the complainant i.e., Ex.P.1 cheque in question
and also another cheque baring No. 000126 dated ... that "N.I.ACT SEC.138 DISHONOUR OF
CHEQUE - Appeal against acquittal- Though
complaint contents no specific averments that
cheques were issued or purchase
cheques should be
written by drawer of cheque alone – Cheque duly signed by drawer
of cheque could be written by any one accepting amount –
Examination ... cheque may
have been filled in by any person other than the drawer, if the
cheque is duly signed by the drawer. If the cheque
evidence has
taken specific defence that, the writings of the
contents in the cheque does not belong to him and
the same are written ... contention and suggestions made to the
complainant, nothing has been placed before the
court to show that, the writings of the contents in
the cheque
Lakh and the
complainant has filled up the contents of the cheque
in dispute for an amount of Rs.4,27,000/ and
presented ... signature is different when
compared to the rest of the contents of the cheque
but the complainant falsely denied the said
suggestion but the contents
that, he has
altered the cheque in question or the contents of the
cheque in question are written by him on the
contrary the complainant ... accused has not given any
authority to fill up the contents of the cheque in
question but the complainant has categorically
stated that, the accused
