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TMI Blog2020 (12) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... t inspite of the Summons issued - HELD THAT:- It is not in dispute that applicant is the husband of Gudia Shukla. Specific averment has been made in the complainant that it is the applicant, who handed over the cheque in question to the complainant, which got dishonoured for insufficient funds. The question whether the applicant has put his signature on the cheque or not, is the question of evide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 378/407 No. - 2399 of 2020 - - - Dated:- 2-11-2020 - Hon'ble Dinesh Kumar Singh, J. For the Applicant : Anand Kumar Sharma,Pramod Kumar Tripathi,Vaibhav Sharma For the Opposite Party : G.A. ORDER Hon'ble Dinesh Kumar Singh,J. The present application under Section 482 Cr.P.C. has been filed impugning the order dated16.3.2020 passed by the Additional District Judge/Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the revision after considering the facts and circumstances of the case and also considering the fact that ingredients of Section 138 Negotiable Instruments Act are clearly established, prima facie, against the applicant. With respect to the fact whether the applicant has singed the cheque or not, learned revisional court has taken the view that it is a matter of evidence, which can be considere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch got dishonoured for insufficient funds. The question whether the applicant has put his signature on the cheque or not, is the question of evidence, which can be considered at an appropriate stage by the trial court. When the ingredients of Section 138 Negotiable Instruments Act are clearly established prima facie, this Court should not examine the evidence in detail inasmuch as it is for the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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