Sambu @ Shanmugam for loan of
Rs.30,000/-, at that time, signed blank cheque, promissory note and
Rs.20/- stamp paper collected from the respondent ... blank negotiable instruments to Sambu @
Shanmugam. The appellant neither arranged any loan, nor returned the
negotiable instruments but filled up the signed blank cheque
Defendant and an unfilled, signed promissory note from the
Defendant and an unfilled duly signed blank cheque from the Defendant.
Subsequently, the wife ... stage, the Defendant sought return of duly signed unfilled
promissory note and duly signed unfilled blank cheque from the wife of the
Plaintiff. She informed
cheque was belonging to him and also the
signature found in Ex.P.1 – cheque. But according to him, a blank signed
cheque was issued ... that the cheque
was not in discharge of a debt or liability by adducing evidence.
[…]
36. Even a blank cheque leaf, voluntarily signed and handed
house. According to the petitioner /
accused, she had handed over the signed blank cheque to the said saju for making
certain payments, later ... could raise a defence that signed blank unfilled cheques were
handed over to a car driver or signed unfilled cheque was kept, that was lost
petitioner made request to
return the documents, pro-note and signed blank cheque leaves, but
the respondent’s father drag on the matter ... returned the said
documents, pro-note and signed blank cheque leaves and filed this
complaint.
http://www.judis.nic.in
5
6.The learned counsel
Section 20 of the NI Act, once a person issues a signed blank
cheque, he is liable upon such instrument, to pay the amount ... Shanmugam as a blank cheque. If the
respondent / complainant had admitted that the cheque was given to him
as a signed blank cheque
blank cheque used to be issued for security purpose and accordingly, the defendant, at the time of purchasing zari from S.Kumar, issued blank cheque ... examined as PW2, as per the custom prevailing, used to issue signed blank cheque to S.Kumar and thereafter, according to the defendant
scope of section 20 of the Negotiable Instruments Act applies to blank cheque signed by the drawer.
ii) Whether a blank cheque signed ... vehemently submits that a holder of a cheque has no authority to fill up the blank cheque signed by the drawer, inasmuch as section
stated
that the cheque issued by him was a signed blank cheque by way of sending his
reply notice or by examining himself as defence ... cheque relates to the year 2004, and the respondent / accused
has not pleaded that the cheque issued by him was a signed blank cheque
cheque were not his and that on the other hand he was complaining about abuse of trust suggesting that a blank cheque signed by Abbu ... foot that the cheque was forged and not that it was a blank cheque signed by the plaintiff with the amount filled in later
