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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Abhay J.Mantri
Millind Chandrakant Kulkarni – Appellant
Versus
Shivaji Kisanrao Kadam – Respondent
| Table of Content |
|---|
| 1. description of the contested judgment and procedural context. (Para 2) |
| 2. petitioner's contention regarding cheque validity and necessity of expert. (Para 3 , 4) |
| 3. respondent's arguments supporting the revision's validity. (Para 5 , 6) |
| 4. court's analysis of n.i. act sections governing negotiable instruments. (Para 7 , 8 , 9 , 10) |
| 5. clarification on presumption of liability regarding signed cheques. (Para 11) |
| 6. conclusion and order granting permission for cheque deposit. (Para 12 , 13 , 14 , 19) |
| 7. court's rejection of cited cases based on factual differences. (Para 15 , 16) |
| 8. judgment on the learned magistrate's findings and their validity. (Para 17) |
| 9. final determination against the order of the learned additional sessions judge. (Para 18) |
JUDGMENT :
Abhay J. Mantri, J.
1. Heard. Rule. Rule is made returnable forthwith and heard finally with the consent of the learned advocates for both parties.
2. The petitioner/complainant being aggrieved by the impugned judgment and order dated 18-06-2025, passed by the learned Additional Sessions Judge, Latur in Cri Revision Application No.65 of 2024, whereby allowed the revision and quashed and set aside the order dated 27-05-202
A cheque signed by the drawer authorizes the payee to complete the instrument, affirming liability unless disproven. The court emphasized the presumption of consideration under the Negotiable Instrum....
The admission of the respondent's signature on the cheques made the appointment of a handwriting expert unnecessary.
The accused has the right to rebut the presumption of a legally enforceable debt and must be granted an opportunity to adduce evidence in rebuttal, including the examination of a handwriting expert.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
The liability of the drawer of a cheque and the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act.
The drawer of a cheque authorizes the holder to fill-up the other entries, and the penal provisions of Section 138 of the Negotiable Instruments Act would be attracted if the cheque is otherwise vali....
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