Supreme Court · 2022 INSC 832 · Decided 16 August 2022
Oriental Bank of Commerce v. Prabodh Kumar Tewari
- Court
- Supreme Court of India
- Citation
- 2022 INSC 832 · [2022] 7 S.C.R. 72
- Case number
- CRIMINAL APPEAL No. 1260/2022
- Decided
- 16 August 2022
- Bench
- D.Y. CHANDRACHUD, A.S. BOPANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 251, 313; NI Act Section 138, 139
Headnote
Negotiable Instruments Act 1881 - ss. 138, 139 - Engagement of hand-writing expert to determine the details filled in the cheque - The respondent admits that he signed a blank cheque and handed over to the appellant - The High Court permitted the expert to determine whether the details that were filled in the cheque were in the handwriting of the respondent - Held: A drawer who signs a cheque and hands it over to the payee, is presumed to be liable unless the drawer adduces evidence to rebut the presumption that the cheque
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