2019 (9) TMI 1497

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....hesh Thakur, AOR, Mr. Siddarth Thakur, Adv., Mr. Vijay Kumar, Adv., Ms. Sheffali Chaudhary, Adv., Ms. Vipasha Singh, Adv., Dr. Sushil Balwada, AOR For the Respondent : Mr. Karunakar Mahalik, Adv., Mr. V. Bishwanath Bhandarkar, Adv., Mr. Sarbendra Kumar, Adv., Mr. H.K. Naik, Adv., Mr. Naresh Kumar, AOR ORDER DEEPAK GUPTA, J. Delay in filing substitution application is condoned. Applicat....

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....gal heirs to prosecute this appeal. The case set up by the complainant was that the original appellant had borrowed a sum of Rs. 5 lakhs from him and for repayment of that sum had issued a cheque on 18.11.2000 drawn on State Bank of Mysore. On presentation, the cheque was dishonoured for want of sufficient funds. Thereafter, legal notice (Ext.P4) was issued, which has been duly served upon the ....

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....to the High Court, which after considering the entire evidence, has delivered a well reasoned judgment upsetting the judgment of the Trial Court. The reasons which weighed with the High Court were that; (1) the original appellant did not step into the witness box to state that he had not signed the cheque; (2) that the opinion of the handwriting expert was only an opinion and not conclusive; (3) t....