banking – Forged DD ( Demand draft) – Encashment – If it was a stolen leaf on which signatures of bank officials were forged to prepare the DD, then that clearly was not a valid instrument and could not have been honoured – Negotiable Instruments Act, 1881, Section 118 shifts the burden of proof to the person who has accepted such instrument in due course and acting upon it – Section 72 of the contract Act, 1872 or the principles of equity can be invoked in such circumstances – Petitioners had acted on demand drafts which were prepared on stolen draft leaves, bank drafts were fraudulently prepared on stolen bank draft leaves – These were not valid instruments and could not have resulted in any valid credit…..
Delhi High Court
(JUSTICE S. MURALIDHAR, JUSTICE TALWANT SINGH)
Fortune Marketing Pvt. Ltd. v. United Bank Of India
W.P.(C) 11334/2015
22.10.2019
