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Indian Laws - Highlights / Catch Notes

Home Highlights November 2021 Year 2021 This

Dishonor of Cheque - mismatch of signatures - This is a case ...


Appellate Court Overturns Trial Court's Conviction Due to Signature Mismatch; Decision Challenged u/s 73 Evidence Act.

November 16, 2021

Case Laws     Indian Laws     HC

Dishonor of Cheque - mismatch of signatures - This is a case where the 2nd respondent/accused has not denied the fact that he had entered into a hire purchase agreement with the appellant/complainant. He had also not denied the fact that he had failed to repay the instalments of the loan in time - The trial court on an examination of the signatures on various documents concluded that there was a similarity in the admitted signature and the signature contained in the cheque. Of course, the appellate court has by invoking Section 73 of the Evidence Act come to a different conclusion regarding the similarity in the signatures. - the appellate court went wrong in reversing the conviction and sentence imposed on the 2nd respondent/accused. - HC

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