Negotiable Instrument Act by the Courts below
in such a invalid cheque. That, complainant himself in his cross
examination has admitted the fact that ... Negotiable Instrument Act by the Courts below
in such a invalid cheque. That, complainant himself in his cross
examination has admitted the fact that
Legality – Accused seeking to send cheque to hand writing expert to
compare signature with other writings found in cheque and to find
out whether same ... Filling up of by any person
other than drawer does not invalidate cheque- Subsequent filling
up of unfilled signed cheques not an alteration.
Para
present case, the cheque was dishonoured on account of
'insufficient funds' and the signatures on the cheque were not disputed. The
only issue ... cheque. Even
otherwise, simply because the cheque is filled up in a different hand, may
not be enough to make the cheque invalid, particularly when
amount and other particulars. This in itself would not
invalidate the cheque. The onus would still be on the
accused to prove that the cheque ... Apex Court has given finding that the same
itself would not invalidate the cheque, the question of
sending the document for hand writing experts does
cheque received the
cheque of the nature referred in Section 138 of the Act.
5
It is also settled law that if any cheque duly ... fill up
the other particulars and this in itself would not
invalidate the cheque. The onus of proving that the
cheque issued
reply notice, the respondent have
categorically disputed their liability and the cheque was issued only for
security purpose and the same was presented ... respondent under N.I. Act , as if, the respondent
has issued invalid cheque, and the said case is pending before the 62nd
Metropolitan Magistrate, Dadar
learned counsel appearing for the petitioner
submits that the cheque is dated 12.04.2013. It was initially
presented on 02.05.2013. It was dishonored. Subsequently ... beyond a period of three months. Therefore, the
cheque was invalid. Hence, an invalid cheque cannot form
foundation for maintaining the complaint
amount and
other particulars and it in itself would not invalidate
cheque and onus would still be on the accused to
prove that, cheque ... laid down in the above decision
that itself would not invalidates the cheque in
question and it can be presumed that, the cheque
was filled
amount and
other particulars and it in itself would not invalidate
cheque and onus would still be on the accused to
prove that, cheque ... laid down in the above decision
that itself would not invalidates the cheque in
question and it can be presumed that, the cheque
was filled
accused in the present
case through cheque bearing No.156659 and the
said cheque has been encashed from the account of
the complainant. The learned ... amount and other particulars on it in itself would
not invalidate cheque and onus would still be on the
accused to prove that, cheque
