2012 ACD 106 (KAR) ::2012 (1) AIR Kar R 411 ::2012 (4) KCCR SN 278 (KAR)

Karnataka High Court

Hon'ble Judge(s): V. Jagannathan , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — Proof of — Accused specifically denied loan transaction between him and complainant — He also denied of signing cheque and disputed his signature on cheque — There was sufficient material placed by accused to rebut presumption in favour of complainant — Trial Court ought to have referred signature to handwriting expert for verification — Conviction of accused set aside — Matter remanded back for fresh consideration. 2011 (3) AIR Kar R 434, Rel. on. (Paras2345)