Ajitsinh Chehuji Rathod vs State Of Gujarat 2024 INSC 63 – S 118,138,139 NI Act – S 73 Evidence Act – Bankers’ Books Evidence Act – Specimen Signature – Cheque Bounce Case

Indian Evidence Act, 1872; Section 73 – Bankers’ Books Evidence Act, 1891 – Certified copy of a document issued by a Bank is itself admissible under the Bankers’ Books Evidence Act, 1891 without any formal proof thereof. Hence, in an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Indian Evidence Act, 1872.

Negotiable Instruments Act, 1881; Section 138,139, 118 – Presumption regarding indorsements made on the negotiable instrument being in order in which they appear thereupon- The presumption of the indorsements on the cheque being genuine operates in favour of the holder in due course of the cheque in question which would be the complainant herein. In case, the accused intends to rebut such presumption, he would be required to lead evidence to this effect – The presumptions under the NI Act albeit rebuttable operate in favour of the complainant. Hence, it is for the accused to rebut such presumptions by leading appropriate defence evidence and the Court cannot be expected to assist the accused to collect evidence on his behalf. (Para 13-17)