accused. There are material
alterations on the cheque and the said alternation made the
cheque invalid. Trial court did not appropriate the evidence
adduced ... presume that dishonoured cheque was issued to the holder of
the cheque for consideration. Accused denied his signature on the
cheque but made not effort
validity and therefore, the same is an invalid cheque and case
would not proceed thereon.
6. Sh. Vinay Gupta, counsel ... under',
whereas the cheque had been drawn for an amount of Rs. 15 lacs.
Thus, the cheque being itself invalid, no presumption as envisaged
amount are not in the handwriting of the drawer did not invalidate the cheque. It is accordingly submitted that there was no occasion ... shown are not in the handwriting of the drawer does not invalidate the cheque. No law provides in the case of cheques the entire body
cheque to credit
the amount in the account of any third party. Even otherwise such
endorsement on the cheque had invalidated the cheque
requested not to present the same and resultantly the cheque became
invalid after two months.
8. Regarding challenge the process issued under Section ... said cheque was however not
presented for payment on the request of the petitioner and after the said
cheque became invalid due to passage
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
signature in the Memo of Compromise, the respondent had not
returned the cheque bearing No.578187 to the petitioner, but presented the
same ... cheque has lost its validity
and, therefore, prosecution based on an invalid cheque is wholly
unsustainable. Therefore, prays for quashment of the complaint
judis
Crl.R.C.No.906 of 2015
cheque Ex.P-2 was issued for the debt payable as per the ledger account ... payee written in different ink will not per se
render the cheque invalid in view of Section 118 of the Negotiable
Instruments
made by
way of an account payee cheque only and if a person
accepts any loan in contravention of provision 269
SS he shall ... Lakh to
the accused by way of cheque or D.D and ignored
the suggestion made to him that, he know the law
that
Cheques and they are not in force
and invalid cheques, therefore the cheques in
question which were procedure by the complainant
are not issued ... last date for presentation of the non CTS
cheque was fixed on 31.12.2018 and the non CTS
cheques which were presented on or before
