Tuesday, 4 December 2012

Dishonour of cheque - Genuineness of signatures

File Number = 29480
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Genuineness of signatures - Expert opinion - Application filed at the stage of examination of complainant as a witness - Plea opposed on ground that cheque is dishonoured for insufficient funds and not on ground of dissimilarity of signatures - Held, in case bank does not object to the authenticity of signature, obviously the forger has succeeded in passing of the forgery as original and authentic - Genuineness of signatures cannot be commented upon either by the complainant or the Court unless scientific data is gathered with regard to the genuineness of signatures - Plea of complainant repelled - An application for expert opinion filed at the stage of arguments of case can be dismissed on the ground that the accused is trying to delay the judgment, but not every application - Trial Court directed to seek FSL opinion with regard to genuineness of signatures.

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