cheque and the case advanced by him is that Ext.P1
cheque was entrusted with the complainant and the
cheque contained nothing more than ... cheque by the complainant similarly goes a
long way to prove issue of the cheque. The burden rests on
the complainant to prove execution
cheque is drawn by the accused, (2) that the cheque is drawn
on an account maintained by him with a Banker, (3) that the
cheque ... Section 138 is that the relevant cheque was drawn by the
accused. Drawing of the cheque or execution of the cheque
is a most relevant
transaction, who signed the cheque, and executed the cheque, directly.
He also did not know who wrote the cheque. Going by paragraph ... substantial legal question
as regards failure to prove the transaction and execution of cheque is
directly in question, this Court is bound to peruse
cheque is
issued by the accused, the payee is entitled to make endorsements on
the cheque issued with signature of the drawer of the cheque ... further held that when execution
of cheque is denied by the accused, it is for the complainant to
establish the execution of the cheque
Mudibasappa , AIR 2019 SC 1983, noted as follows:
(i) Once the execution of cheque is admitted, Section 139 of the Act
mandates a presumption that ... have to
be compulsorily raised as soon as execution of cheque by accused is admitted or
proved by the complainant and thereafter burden is shifted
cheque, if he has made, prepared or created a "cheque". A
[Crl.A.No.996/2011] 5
cheque is an instrument which ... Issuance of cheque does not mean
drawing of cheque. I fully agree with the learned Magistrate
that issuance and execution are different acts. Proof
issue the cheque to the complainant and the
signature which contained in the cheque is not of his and
the cheque in question ... attracted against the
revision petitioner since there is no execution of cheque in
the present case as the signature is incomplete
Court below has committed an
error in believing the execution of the cheque
signed by the office of the respondentCompany. He
submitted that ... also submitted that though the
defendant has denied the execution of the cheque,
no other contention has been taken. He also
referred to the affidavit
complainant, in order to make
believe the due execution and issuance of questioned cheque. In
order to make such alteration in the cheque ... that, the accused by
himself affixing his signature revalidating the cheque. But in the
cheque itself there is serious lack with regard to amount made
accused and she is not having
personal knowledge about issues of cheque and execution of the
cheque. Therefore she is not competent to depose ... rigor of proof required
for proving the execution of the cheque, and
execution cannot be presumed merely on the
production of the cheque. It must
