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3. Learned counsel submits that the statutory notice as required under the Negotiable Instruments Act was not issued and further there is mismatch of signature and, therefore, the complaint is...per the provisions of General Clause Act. Whether the notice issued amounts to compliance of the provisions of Negotiable Instruments Act, whether there is mismatch of signature, whether the inter...
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.5809 of 2022...
...of cheque on the ground of mismatch of signature with the specimen kept in the bank. It is further submitted that for prosecution under Section 138 N.I. Act there must be insufficient fund or that it...case the cheque was issued by the applicant which was presented by the opposite party no. 2 before the bank and was returned to the opposite party no. 2 as there was mismatch of signature of drawer...
Court in subsequent cases, therefore, it cannot be said that mismatch of signature of drawer on the cheque are not covered within the perview the offence as...
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...defence for establishing his plea of purported mismatch of signature on the cheque in question and hence, we are of the firm opinion that the appellate Court was not required to come to the aid and...the handwriting expert for comparison of the handwriting as well as signature appearing thereon with a plea that his signatures had been forged on the cheque in question. The learned trial Court...the stage of defence and the accused could lead evidence to prove his claim pertaining to mismatch of signatures.
5. The order dated 13thJune, 2019 passed by...
.... Per contra, learned counsel for opposite party no.2 has submitted that cheque in question was returned with the endorsement 'fund insufficient' not with the endorsement 'mismatch of signature', therefore...verification of signature over the cheque in question was rejected by the court below, though, it is the right of the applicant to dispute the signature over the cheque in question.
4..., prima facie signature of the applicant has been verified by the bank and question of sending the signature for verification does not arise.
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...mismatch of signature of the complainant in the cheque with the specimen signature in the 2 opposite party bank. Firstnd opposite party had collected Rs.400/- each from the complainant in 2 occasions for...returned due to mismatch of the signature of the complainant with the specimen signature of the bank and that therefore there is no deficiency in service on their part and the complaint is to be d...appellant/first opposite party is thatst 9 cheques were returned due to mismatch of signature of the complainant with the specimen signature available with the 2 opposite party bank and...
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...certificates in respect of 500 shares, standing in the name of the third respondent, along with transfer deeds for transfer. Since there was mismatch of signature, the share certificates were returned to...transferred and advised him to take proper legal action, if he so desired. As far as the shares impugned in the petition are concerned, since there was a mismatch of signature and also the validity...on the ground that the signature of the holder did not match with the specimen and the validity period of the transfer deed had expired. Thereafter, the petitioner repeatedly requested the third...
...written statement and mentioned that the cheque could not be encashed due to mismatch his signature and it was informed to the complainant for his rectification, So, there was no fault on the part of...cheque was dishonored by the Bank Official on the ground of mismatch of signature. While, when the respondent again came to deposit to the said bank for depositing Rs. 10,000/- cash to his grandson's...account, then the same official of the SBI, Siliguri Court More Branch has refused to receive the said cash on the same ground of mismatch signature of the depositor while the said amount ultimately was...
...subsequent nomination did not match with that in the nomination dated 14/11/1984. The Ld. Advocate controverted the claim of the Respondent/OP 1 to the effect that their findings towards mismatch of signature, as.... District Forum which indicates that communication about inability to release the deposit due to mismatch of signature through letter dated 20/09/2009, as claimed by the respondent/OP 1, is an...authenticated by seal. The seal of the Bank which is visible there, as argued, relates to the first nomination. Moreover, as submitted, the signature of the depositor in the second nomination dated 18/09/2009 mismatches wit...
...of Rs. 40,000/- dated 14.11.2017 payable to OTL, Complainant raised two fold objection against the Bank authority, i.e.:-
(i)Mismatch of signature.
(ii..., dealing with the main issue of encashment of the cheque in question, it has been stated by the O.P. Bank that the said cheque dated 14.11.2017 was encashed on 16.11.2017 as the signature appearing...First Appeal No. A/740/2019
( Date of Filing : 24 Oct 2019 ) (Arisen out of Order Dated 23/09/2019 in Case No. Complaint Case No. CC/453/2018 of District Kolkata...
...been dishonoured due to mismatched of signature, it cannot be said that the opinion of the handwriting expert can be negated. 7. On behalf of the complainant/petitioner, it is argued that the Bank ...impugned is not liable to be interfered. 10. It would be appropriate to note that the cheque was sent to the Bank for encashment. The Bank did not find any mismatch of signature of the...judgment dated 27.04.2015 held that though the signature of the respondent/accused in cheque (Ext.P/1) has variation according to the handwriting expert A.K. Das, but this variation after seven years is...
..., rules relating to preservation of OMR sheet, copy of merit list of UR category candidates, list of candidates who were not permitted to sit in the examination due to mismatch of ...Amitava Bhattacharyya, IC:—Information sought:The appellant had sought details of number of candidates who appointed in (UR) category against 3714 vacancies...in various recruitment examinations conducted by the railways, copies of the rule on the basis of which copy of OMR/answer keys are not provided to the candidates by the public authority concerned...
...defence for establishing his plea of purported mismatch of signature on the cheque in question and hence, we are of the firm opinion that the appellate Court was not required to come to the aid and...the handwriting expert for comparison of the handwriting as well as signature appearing thereon with a plea that his signatures had been forged on the cheque in question. The learned trial Court...the stage of defence and the accused could lead evidence to prove his claim pertaining to mismatch of signatures.
5. The order dated 13thJune, 2019 passed by...
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applicant is delayed, pending verification of the alleged mismatch of signature writing in the answersheets. Even if that is true, the respondents cannot delay the matter indefinitely. The appl...her writing and signature in the answersheets.
3. This OA is filed, challenging the inaction of the respondents. The applicant contends that while all other candidates, who were...the 18thday of November, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman, Hon'ble Mr. Mohd. Jamshed, Member (A)
Jyoti, D/o Rohtash...
...the complaint under section 138 of N.I. Act has been filed by the opposite party no. 2 against the applicant herein for dishonour of cheque on 10.12.2018 due to mismatch of signature on the cheque...Bank on the ground of mismatch of the signature. Learned A.G.A. relying upon section 139 of N.I. Act submits that the
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opposite...applicant it is apparent that the cheque was issued by the applicant in discharge of debt and the cheque was presented. However, the said cheque was dishonoured for signature mismatch and after giving legal notice for deman...
...in the OMR Sheet and therefore as per the prescribed guidelines his candidature was cancelled. Furthermore, respondents have also contended that there was found mismatch in signature of the applicant...thereafter a show cause notice was issued to the applicant by the authority concerned mentioning therein that there is mismatch of the signature of the applicant. Explanation was sought that why not the...order, one more ground regarding erasing of the answer to the question no 55 was taken to cancel the candidature of the applicant besides the mismatch of signature. No opportunity to explain the first...
...revived due to mismatch of the signature of policy holder. The policy was not revived by the opposite parties intentionally with ulterior motive to grab the amount of premiums Rs.30,000/- deposited by him...party no.1 got the cheque encashed. Lateron, the opposite party no.1 sent letter dated 8.1.2011 alongwith cheque of Rs.20,000/- submitting that the policy could not be revived due to mismatch of signature ...was sent letter dated 8.1.2011 that the policy could not be revived due to mis-match of his signature in declaration of good health, which is an important document received from the policy holder, whose...
...ground of mismatch of handwriting/signature/LTI of the said petitioners with the respective application forms.The identical issue was considered earlier by a Division Bench of this ...found mismatch of the handwriting/signature/LTI of the petitioners herein with the respective application forms.Following the earlier decision of the Division Bench of this court in...mismatch of handwriting/signature/LTI of the petitioners with the respective application forms.The respondent authorities are directed to take appropriate decision in respect of the...
...to 20.09.2021, to the owner of the lorry upon payment of the premium, however, the said premium was dishonoured on the ground of mismatch of signature on 22.09.2020 which is two days prior to the ...insurance policy was dishonoured on 22.09.2020 prior to the date of accident on the ground of mismatch of signature, however, the Tribunal ordered to pay and recover the same from the owner of the...
C.M.A.No.3487 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2025...