complainant is making use of blank signed
cheques and blank signed papers for filing cheque
dishonour cases or suit for possession. The appellant
mentioned particulars ... license and
she obtains blank signed cheques and blank signed documents
from innocent persons and misuse them for filing cheque
dishonour cases and recovery suits
revision petitioner that the cheque in question was a signed blank
cheque leaf given to the husband of the second respondent as a
security ... signed blank paper he gave
the husband of the second respondent along with the signed blank
cheque. The trial court in its judgment has observed
return his blank signed
cheques and documents, in such circumstances it
cannot be held that, he had given the blank signed
cheque and sheets infavour ... blank signed cheques and blank
signed sheets from the accused to borrow loan to the
Bengaluru Agarwal Bhavan thus he has signed
influence to secure his presence, the Complainant got
collected the signed blank cheque from him in the
Shankarapuram Police Station with the help ... Lakhs and
that the cheque in dispute was collected as a
signed blank cheque from him in the
Shankarapuram Police Station by coercion and
that
issued towards discharge of any
legally enforceable debt, but the blank signed
cheque was issued as security - Order of
acquittal is Justified ... Dishonour of cheque -
Complainant - Creditor advancing certain
sum and obtaining a signed blank cheque
from debtors with a view to make
complainant. The
defence of accused has been that the entire blank signed cheque
book alongwith some property papers were handed over to the
complainant ... given
blank signed cheques to the said 3-4 firms. DW-1 further deposed
that he does not give blank signed cheques in advance
Blank signed cheque was given as security.
37. It is well settled that if the accused is issuing a cheque after signing the same ... signed by the drawer. If the cheque is otherwise valid, the
penal provisions of Section 138 would be attracted.
38. If a signed blank cheque
from the
complainant and that he had given a blank signed cheque as a security cheque which
has been misused by the complainant. The accused ... duly signed by the drawer-accused. It is a settled position of law that if
a signed blank cheque is voluntarily presented to a payee
that the cheque was not in discharge of a debt or
liability by adducing evidence...
40. Even a blank cheque leaf voluntarily signed and handed ... possible for the drawer of a cheque to give a
blank cheque signed by him to the payee and consent either impliedly or
expressly
cheque in question bears his signature.
However it is submitted by the accused that the cheque in
question was given in blank signed condition ... that "it is possible for
drawer of a cheque to give a blank cheque signed by him to the
payee and consent either implidely
