legally enforceable
debt or liability and the statement of account filed by the complainant is also
unsigned and hence inadmissible and same is the case
accused. It would also be pertinent to
peruse the following statements made by the complainant
during his cross examination on 06.09.2012: 'My firm
maintains ... averred: "it is correct that Ex. CW 1/B
(colly) are unsigned. (Vol. However each of these bills
contain the receipt
accused. It would also be pertinent to
peruse the following statements made by the complainant
during his cross examination on 06.09.2012: 'My firm
maintains ... averred: "it is correct that Ex. CW 1/B
(colly) are unsigned. (Vol. However each of these bills
contain the receipt
accused. It would also be pertinent to
peruse the following statements made by the complainant
during his cross examination on 06.09.2012: 'My firm
maintains ... averred: "it is correct that Ex. CW 1/B
(colly) are unsigned. (Vol. However each of these bills
contain the receipt
accused. It would also be pertinent to
peruse the following statements made by the complainant
during his cross examination on 06.09.2012: 'My firm
maintains ... averred: "it is correct that Ex. CW 1/B
(colly) are unsigned. (Vol. However each of these bills
contain the receipt
Thereafter, the
complainant evidence was closed at request.
5. After that the statement of accused was recorded U/s 313
Cr.P.C in which ... evidence along with
exhibited documents were put to the accused. In his statement
accused stated that though he was an agent of the complainant
company
Ravendra vs State Of U.P. on 24 May, 2012
Bench: Amar Saran , Ashok Srivastava
trial court has found
that absolutely there is no evidence except the statement
of the complainant in his proof affidavit before the court.
The trial ... that he insisted the accused to bring up a
filled up but unsigned cheque and signed the cheque in
his presence. According to the learned
State vs . Upender & Ors. Sc 75 Of 2012 1/112 on 23 August, 2012
Engineering Works ltd.(supra)", clearly delineates the effect of an unsigned FIR.
Perusal of carbon copy of FIR on record indicates that it bears ... establish the identity of the recovered
articles except a mere disclosure statement of the accused, the articles were never
actually identified by the complainant