Negotiable Instruments Act, 1881–Sec. 138–Evidence Act, 1872–Sec. 45–Rejection of application–Appreciation of–Cheque was not dishonored on account of the fact of difference in handwriting over it–Rather, it was dishonored because of insufficient fund in the account–Observation of Trial Court that the cheque was filled by the petitioner or by any other person is a mixed question of facts and law and same could be decided only after recording the evidence–Held, Trial Court did not commit any error in rejecting the application.
