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TMI Blog2024 (2) TMI 1526X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Sameer Aslam, Adv. Mr. S. Gowthaman, AOR For the Respondent : None ORDER Leave granted. 2. Notice in the appeal was issued on 15.04.2019. Dasti service, in addition, was permitted. The learned Registrar has noted by his order dated 24.07.2019 that service of notice qua the sole respondent is complete but no one has entered appearance on his behalf. Even as per the latest Office Report da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 4 SCC 197 ('Bir Singh') and contended that having regard to Section 118 read with Section 139 of the Negotiable Instruments Act, 1881, when once the negotiable instrument has been marked in evidence, presumption regarding its validity would arise and it is for the accused to displace the said presumption. That in the instant case, the respondent had sought to seek a forensic opinion to compare t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharge of a debt or liability is on the accused and the fact that the cheque might be post-dated does not absolve the drawer of a cheque of the penal consequences of Section 138 of the Negotiable Instruments Act. 33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a chequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt." 6. It is not in dispute that in the instant case, the accused has signed the cheque. The only dispute is with regard to the age of the ink used in making the signa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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