cheque may
have been filled in by any person other than the
drawer, if the cheque is duly signed by the
drawer - even a blank ... cheque -
Accused admits to have signed cheque and
handed it over to complainant - Defence raised
by accused that said cheque was issued as a
blank
subsequently, the Complainant colluding with his
mother, misused her duly signed blank cheque and created the same
for his convenience ... cheque for his convenience by
misusing the duly signed blank cheque of this accused issued by her in
favour of his mother for the security
further denied the suggestion that she by misusing the duly signed
blank cheque issued by this accused towards the security of the
financial transaction, filed ... signed blank cheques and a
bond paper.
33. Admittedly, the DW1 except adducing the oral evidence that
he had given his duly signed blank cheques
available with his
cheque, he had issued her duly signed blank cheque as a security and
given to the mother of this ... 3706/2012
signed two blank cheques and also given her a duly signed blank
cheque to this Accused as he was not available with
principal amount, he gave signed blank cheque and signed blank
stamp paper and signed blank white sheets at the time of
obtaining the loan. Even ... year 2017 by handing over blank signed cheque, blank signed
bond paper and blank signed white paper. Further there is no
mention
during the month of
September, 2015 on the guarantee of her signed blank cheque for
the purpose of security. She had cleared the said loan ... Kanchana Group of Company had
not returned the said signed blank cheque and got misused the
same. Under the averments and allegations made
from the complainant on the security of signed
blank cheque at Ex.P1 and he got repaid ... time of giving loan
amount, the complainant took the signed blank cheque and obtained
signature on blank stamp paper by stating, those are required towards
furnished any security document. Hence, the accused
gave him his signed blank cheque to the complainant drawn on
Karnataka Bank Ltd.
Judgment ... week later, when accused asked the complainant to return his
signed blank cheque, then the complainant has replied him that, it
was kept
that day, instead of drawing cash from ATM, accused gave her
blank signed cheque bearing No.831091 drawn on Bank of India,
Rajajinagar Branch, Bengaluru ... lack of Rs.10,000/-, she gave the accused signed blank
cheque to the complainant for making payment. The complainant
got filled the said cheque
duly signed by the drawer, if cheque is
otherwise valid, the penal provision of
Section 138 would be attracted.
38. If a signed blank cheque ... 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
