accused to present the cheque again, complainant presented the
cheque for encashment on 2nd July, 2009 but again the cheque was
returned with remarks ... cheque to
the complainant, however, the defence taken was that a blank cheque
was given to the complainant without date and amount as complainant
misguided
since the cheque is admittedly signed by the accused. Hence the finding of the trial court that the cheque was a blank cheque ... case or in all cases where blank cheques are produced, the court shall presume that a blank cheque is handed over by the drawer with
must be mentioned in the cheque. At the time of issuing the cheque, the amount payable under the cheque is not mentioned. Consent ... when he presented the cheque, he would not have expected that the cheque would be honoured. He was presenting the cheque only with a view
cheque was filled up by the
complainant with regard to date and amount mentioned in
the cheque. He further contends that when a blank cheque ... person who
has given the cheque has authorised the holder of the
cheque to fill up the blanks in the cheque. He cannot take
accused, the accused had given to the Complainant a blank cheque with a promise that the Complainant would advance to the accused ... accused though the accused has pleaded that he had given a blank cheque. The cheque was deposited in the account of the Complainant held
chequebook issued in the decade of 1990's.
(c) Indisputably, the cheque in question was a blank signed cheque.
(d) The cheque came ... signed blank cheque leaf was given. The person
signing the cheque may have difficulty due to many reasons to write the
cheque and it might
that he had deposited the cheque in the month of February 2000, the cheque was
undated and the cheque was given ... accused being cheque
No.0104386 dated 1.2.2000. It is nowhere stated that the said cheque was a blank
and the same was filled
have already sent cheques and as informed, we are
sending a blank cheque to be presented in the month
of May, 2003 after discussing ... subsequent transactions. Relying on these
documents it is argued that the blank cheque issued in good
faith with letter dated 7th January
leave to defend:
(i) He submits that the defendant gave a blank cheque with no
date, drawee name or amount. Only a signed blank cheque ... plaintiff who has, on his own, filled the blank
cheque. Hence the cheque is no cheque in the eyes of law and does
not give
blank cheque.
(16) PW-1 was the Manager of the bank, which dishonoured the said
cheque. He, in his evidence, stated that the cheque could ... concerned cheque.
Admittedly, the cheque, at the time of signing the same by the
account holder i.e. the accused person was a blank cheque
