Supreme Court of India · 2022-08-16
ORIENTAL BANK OF COMMERCE vs PRABODH KUMAR TEWARI
- Citation / case number
- SC 2019/30855
- Court
- Supreme Court of India
- Petitioner
- ORIENTAL BANK OF COMMERCE
- Respondent
- PRABODH KUMAR TEWARI
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court overturned the High Court's decision allowing the respondent to engage a handwriting expert in a Section 138 Negotiable Instruments Act case. The court reasoned that under Section 139, there is a presumption of liability when a signed cheque is presented, and the handwriting evidence regarding the filled details does not affect the determination of the cheque's purpose. Consequently, the appeal was allowed, reinforcing the presumption of liability in cheque dishonor cases.