Cheque Dishonour, Signature Issues and Legal Principles under NI Act

Cheque Dishonour, Signature Issues and Legal Principles under NI Act

In case of T. Nagappa v. Y. R. Muralidhar [2008] GCtR 6455 (SC) dealing with a case of Negotiable Instruments Act, 1881 and issues related to signature of accused it was held that when a contention has been raised that the complainant has misused the cheque, even in a case where a presumption can be raised under Section 118(a ) or 139 of the said Act, an opportunity must be granted to the accused for adducing evidence in rebuttal thereof. As the law places the burden on the accused, he must be given an opportunity to discharge it.