cheque is drawn by the accused. The factum of drawing or execution of cheque has to be proved by evidence of person or persons ... accused himself signed the cheque. Then alone, it can be said that accused has drawn the cheque. Issuance and execution are different acts. Proof
been observed that once the execution of the
cheque is admitted, Section 139 of the Act of 1881 mandates a presumption
that the cheque ... Section 139 of the Act
of 1881 that when the execution of the cheque is admitted the same
mandates the presumption that the cheque
Cheque dated 30.10.2010 was not denied. Further, when the execution of cheque was not denied, the burden is on the part of the Respondent/Accused ... that the Respondent/Accused had admitted the signature and and execution of the cheque and therefore, it is improper and unfair on the part
legally enforcible debt. He had also argued
that, the execution of cheque has been denied and the
complainant had no consistent case regarding the execution ... cheque or
mere admission of the signature of the accused in the
cheque, alone are not sufficient to prove the execution of
the cheque
blank cheque leaf is very often referred to as a blank "cheque", but,
strictly speaking, it is not a "cheque ... cheque leaf" containing admitted signature of
accused. The admission of signature in a cheque leaf alone will not
constitute admission of execution
found that the complainant/appellant had failed to prove the execution
of the cheque as also passing of consideration and consequently, held
the accused/second ... dispute
that the accused disputed the execution of the cheque and in such
circumstances, the burden to prove the execution of the cheque was
entirely
absence of any positive evidence from the
part of complainant regarding execution of cheque,
acquittal of accused is just and proper - No interference
- Petition dismissed ... signature in
a cheque leaf alone will not constitute admission of
execution of cheque.
3. Baiju G. Nath Laiju Nivas -vs- Girija Krishnakumar,
reported
unless
the contrary is proved, that the holder of a cheque received the cheque of the
nature referred to in section 138 for the discharge ... 29151/2019 Dated 22.10.2020 Pages 13
holder of cheque regarding the execution of cheque for consideration and in
discharge of a legally enforceable debt
accused/respondent.
11. The learned counsel for appellant argued
that, the execution of cheque and promissory note i.e.
hand loan deed is admitted ... stranger. He has denied receipt of Rs.52,000/-
and execution of cheque and the bond. He has also
stated that, he has not received
deposed before the trial
Court and could have denied the execution of the cheque as well as
the letter, dated ... denied specifically or opposed the execution of the cheque in
question as well as the letter issued by him, dated 11.10.2004 in
support
