Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable Instruments Act 1881 – ss. 138 139 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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 respondent to engage a hand-writing 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 has been issued towards payment of a debt or in discharge of a liability – The presumption arises u/s. 139 – The evidence of a hand-writing expert on whether the respondent had filled in the details in the cheque would be immaterial to determining the purpose for which the cheque was handed over – Therefore, no purpose is served by allowing the application for adducing the evidence of the hand-writing expert |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 832 |
Petitioner | Oriental Bank Of Commerce |
Respondent | Prabodh Kumar Tewari |
SCR | [2022] 7 S.C.R. 72 |
Judgement Date | 2022-08-16 |
Case Number | 1260 |
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