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1 - 9 of 9 (0.23 seconds)The Code of Civil Procedure, 1908
Section 20 in The Negotiable Instruments Act, 1881 [Entire Act]
P.Purushothaman Nair vs K.Sreekantan Nair on 1 March, 2010
6. Reliance of the learned counsel for defendant on Purushothaman
Nair P. vs. Sreekantan Nair, 2013 (4)Ker.LJ256/ MANU/KE/0784/2013
is misplaced. That was a case in which the court in the facts of the said
case held that the plaintiff had no authority to fill up the signed blank
cheque . Further in any case, in view of the two judgments of this High
Court on the above aspect of a blank cheque, the same would be binding
on this court.
M/S. Mojj Engineering Systems Ltd. & ... vs M/S A.B. Sugars Ltd. on 29 September, 2008
In my opinion the above contention of the defendant has no
merits. When a person in the course of business gives a blank cheque,
he knows the repercussion. He gives it for some consideration, benefit,
advantage or gain. It would normally imply a authority to fill up the
cheque to the receiver of the blank cheque. He cannot normally turn
around to wriggle out of the liability. This court in Mojj Engineering
Systems Ltd. & Ors. vs. A.B. Sugars Ltd. 154(2008) DLT 579, while
dealing with a case where an undated cheque was presented, held that
merely because the cheque was undated it does not mean that it was
without consideration. This court held that since an undated cheque
cannot be encashed it can only mean that the petitioner has authorized the
complainant to enter an appropriate date on it. It was further held that
when a blank cheque is signed and handed over, it means the person
signing has given implied authority to the subsequent holder to fill it up.
Reliance was also placed on Section 20 of the Negotiable Instruments
CS(OS) 2563/2012 Page 4 of 11
Act, 1881. The relevant portion of the judgment reads as follows :
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Vijender Singh vs M/S Eicher Motors Limited & Anr. on 5 May, 2011
5. To the above effect is also the judgment of this High Court in the
case of Vijender Singh vs. Eicher Motors Ltd. and Anr. MANU/DE
CS(OS) 2563/2012 Page 5 of 11
2021/2011.
Section 20 in The Code of Civil Procedure, 1908 [Entire Act]
T. Nagappa vs Y.R. Muralidhar on 24 April, 2008
The
Supreme Court in T. Nagappa v. Y.R. Murlidhar, AIR
2008 SC 2010, while discussing the scope of Section
20 held that by reason of this provision, a right has
been created in the holder of the cheque. Prima facie,
the holder thereof is authorized to complete the
incomplete negotiable instrument. In that view of the
matter, all further issues that may be raised by the
petitioners regarding the nature and scope of the
authority of the respondent to put any particular date
on the cheque in question, are all matters for trial."
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