under the N.I. Act to revalidate the cheque and
the drawer of the cheque can revalidate the cheque. He
further stated that the evidence ... cheque.
12. In the given facts and circumstances, it can be held
that the accused has succeeded in proving that the cheque
was not revalidated
earlier
date 15.11.1999 being written/revalidated by the accused and not the
revalidation done on 15.04.2000. So, the present cheque has been
presented beyond ... earlier
date 15.11.1999 being written/revalidated by the accused and not the
revalidation done on 15.04.2000. So, the present cheque has been
revalidated in his presence and the cheque Ex. PW1/6 is the
same cheque which has been revalidated by the defendant, but he cannot ... point A on the cheque has been
admitted, but at point G has been denied. If the cheque was not revalidated
by the defendant, then
cheque amount. Therefore, by no
stretch of imagination, one can say that cheque in
question was issued by way of security cheque.
Therefore ... Sharma.
Moreover, appellant no. 2/ DW-1 identified his
signatures on revalidated cheque, Ex.CW1/19 which
are different from that appearing
investor comes to them, they always cancel the cheque and issue
fresh cheque. Manual revalidation on the instrument is never done.
He further stated that ... normal banking, no cheque can be encashed without signature of
the person issuing the cheque if the date is revalidated. According
after putting the sum payable. The
cheque directs the bank to pay the bearer sum
mentioned in the cheque. As such it becomes the
promise ... Supreme Court has observed
as follows:-
" ......Thus when a drawer revalidates
cheque form time to time which is permissible, it
could be said that
workman to receive the cheque, the cheque was sent to
workman through post. Reasonable behaviour requires that cheque with
termination letter must have been sent ... refers to revalidation of
cheque till 31.12.1993. Why and under what circumstances the cheque was
revalidated has remained totally unsubstantiated on judicial record. What
ultimately
proved,
it shall be presumed, that the holder of the cheque received the cheque , for the
discharge of, whole or part of any debt ... response to question (i) above that the Complainant
failed to prove revalidation of cheque by accused No. 2 and also that the debt in
question
cheque for Rs.2,50,000/- bearing no.
800889 and since the validity period of the cheque was expiring, the complainant
presented the cheque ... time. The accused
02406R0552222003 -2-
Anita Mehta v. Vinod Malik
then revalidated the cheque for Rs.2,50,000/- to the new date
burden
has shifted upon the complainant to prove that the cheque was
revalidated by the accused/drawer or was revalidated by the
consent of accused ... complainant has failed to show
before the Court that the cheque was revalidated.
39. Though, a negotiable instrument can be revalidated with the
consent
