Dishonour of Cheque--Coercion Defence--Allegation of Forced Execution in Police Custody Must Be Proved Through Witnesses and Cannot Be Established by Forensic Examination of Cheque Writings
A defence of coercion or duress in issuing cheques under Section 138 of the Negotiable Instruments Act must be established through oral and documentary evidence, including testimony of witnesses acquainted with the circumstances. Forensic examination of cheque writings cannot prove the circumstances of execution. Once the signature of the drawer on a cheque is admitted, a statutory presumption under Section 139 of the Act arises in favour of the holder, which cannot be rebutted merely by a handwriting expert's report. Even if blanks in a cheque are filled by a person other than the drawer, the validity of the cheque and the statutory presumption remain unaffected.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
