TaxTMI 
TaxTMI 
2020 (3) TMI 1341
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....ioner is the accused in the case C.C. No. 953/2017 on the file of the Court of the Judicial First Class Magistrate (N.I. Act Cases), Ernakulam. 2. The aforesaid case is instituted upon the complaint filed by the second respondent against the petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. When the case reached the stage of defence evidence, the ....
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....accused has no case that the cheque involved in the case does not bear her signature. The dispute is only with regard to the other entries in the cheque. 8. Annexure-B is the copy of the deposition of the complainant in the case. It shows that, on cross-examination by the petitioner/accused, the complainant had given evidence as follows: "Accused came to my place and gave the cheque. She was ac....
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....ir Singh v. Mukesh Kumar: AIR 2019 SC 2446, the Apex Court has held as follows: "A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Section 20, Section 87 and Section 139, makes it amply clear that a person who signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been i....
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....n the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. ..... In the absence of any finding that the cheque in question was not signed by the respondent-accused or not voluntarily made over to the payee and in the absence of any evidence with regard to the circumstances in which a blank signed cheque had been given to the appellant-complainant, it may re....