Tuesday, March 3, 2026

Acquittal for Cheque Dishonour

Dealing with a case of cheque dishonour under Section 138 of Negotiable Instruments Act, 1881 it was noted in Meera S. Chiplunkar v. Ashalata Rawji Kondkar [2015] GCtR 6600 (Bombay) that complainant pointed out that the accused had taken a false defence that the signature on the cheque was not her.  The accused had indeed made such a claim, and the cheque was referred to an expert for opinion on the identity of the signature.  However, the expert who examined the matter and give his report, was not examined during the trial.    It appears to be a fact   that   had   the   expert   been   examined,   he  would   not   have supported the theory of the accused.  Thus, it does appear that the accused attempted to take a false defence.   That, however, does not mean that, that by itself, would indicate her to be guilty of the offence in question.

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Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 : Who can Maintain a Complaint for Cheque Dishonour

Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 : Who can Maintain a Complaint for Cheque Dishonour  In the case of Milind ...