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
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
another cheque book containing Cheque Leaves bearing no. 113451 to 113500 were given and on 11.02.2011 another cheque containing cheque leaf bearing No.839906 ... copy and since the initial cheque book (containing cheque leaves) were over, based on the letter, again the cheque book was issued.
20. At this
Court that the Respondent / Accused had not denied the execution of Ex.P.1, Cheque dated 11.02.2013 and therefore, the 'Onus ... Negotiable Instruments Act would arise only where due execution of the cheque was established. The presumption covered under Section 138 of Negotiable Instruments
drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons mentioned ... which Section 138 was created would be defeated. If the execution of cheque was denied by the Defendant and as the evidence on the side
serving as a Managing Director and also for knowing about the case cheque amount details'. Also that, at paragraph 16, the trial Court ... taking a plea that the Respondent/Accused had not denied the Execution of Cheque and therefore, the onus to rebut the presumption naturally arises under
Petitioner/Appellant/ Complainant submits that in the present case, the original cheque was missing from the Court records and only for this prime reason ... word 'Drawn' is to be understood as 'Execution of Cheque' as per decision G.Gopan V. Tonny Verghese reported
Negotiable Instruments Act unerringly points out that a mere execution of the cheque is not sufficient to constitute an offence punishable under the Act. Unless ... signing a blank cheque would not amount to admission of due execution of cheque. By means of the Complainant's material admissions, contradictions
Petitioner/Appellant/ Complainant submits that in the present case, the original cheque was missing from the Court records and only for this prime reason ... word 'Drawn' is to be understood as 'Execution of Cheque' as per decision G.Gopan V. Tonny Verghese reported
Negotiable Instruments Act unerringly points out that a mere execution of the cheque is not sufficient to constitute an offence punishable under the Act. Unless ... signing a blank cheque would not amount to admission of due execution of cheque. By means of the Complainant's material admissions, contradictions
