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2019 (2) TMI 2050 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - signature in the pro-note - age of the ink used in signature - section 138 of NI Act - HELD THAT:- The very defence of the accused while admitting his signatures on the pro-note and cheque by saying routed from his account in saying as a security in relation to a loan relating to the College of the Society to which the complainant was by then Treasurer and those blank documents of him even available with him are misused and those are not supported by consideration and there is no any legally enforceable debt and it requires determination of the age of the ink of the signatures on the pro-note and debt stated given at one time by him. In view of the above legal position and from the technology available, it is easy to determine the age of the signature on pro-note one time of the signature respectively admittedly of the accused to probablise any iota of said defence of the accused, which is a valuable right of defence of the accused from reverse onus clause once the cheque routed from his account with his signature admitted as per Rangappa and Mohan and from Nagappa and Kalyani Bhaskar supra, such valuable right of defence of the accused from the request to send the documents to expert cannot be shunned by the Courts, to his prejudice. The dismissal order of the lower Court is set aside and the revision is allowed.
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