Expert evidence – Requirement of -- Cheque in question was dishonoured with the remarks “funds insufficient' – Accused has not examined an officer from her bank to prove that the bank officer did not verify signatures on the cheque – In absence of any plea by the accused during cross-examination of the complainant that the cheque does not bear her signatures and evidence of her banker that signatures on the cheque being not verified at the time of return of cheque with the remarks 'funds insufficient', there is no error in the order passed by the trial Court declining the prayer for examination of signature of accused on cheque by an expert.

(P&H HC) Decided on: 16.01.2015

Signature on cheque by Director/ Officer of Company -- Offence by Company – In the case of a director or an officer of the company who signed the cheque on behalf of the company, there is no need to make a specific averment that he was in charge of and was responsible to the company, for the conduct of the business of the company or make any specific allegation about consent, connivance or negligence -- The very fact that the dishonoured cheque was signed by him on behalf of the company, would give rise to responsibility under sub-section (2) of Section 141.

(SC) Decided on: 06.07.2009