https://www.taxtmi.com/caselaws?id=309290 In a prosecution under Section 138 of the Negotiable Instruments Act, admission of signature on a cheque does not amount to admission of execution, and it does not by itself negate a defence that the cheque was blank when signed and later filled without authority. A permissive presumption may arise from the admitted signature under the Evidence Act, but where handwriting of the disputed entries is genuinely in issue, expert comparison can be sought. On the facts, the accused had raised a consistent defence and disputed the complainant's version, so refusal to permit comparison was unjustified. The accused was allowed to file a fresh application and the Magistrate was directed to send the cheque for expert comparison. en-us Wed, 13 Dec 2006 00:00:00 +0530 Tue, 22 Aug 2023 11:41:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309290 In a prosecution under Section 138 of the Negotiable Instruments Act, admission of signature on a cheque does not amount to admission of execution, and it does not by itself negate a defence that the cheque was blank when signed and later filled without authority. A permissive presumption may arise from the admitted signature under the Evidence Act, but where handwriting of the disputed entries is genuinely in issue, expert comparison can be sought. On the facts, the accused had raised a consistent defence and disputed the complainant's version, so refusal to permit comparison was unjustified. The accused was allowed to file a fresh application and the Magistrate was directed to send the cheque for expert comparison. Case-Laws Indian Laws Wed, 13 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309290