Sri. S. Narayana Gowda vs Sri. K. N. Raghavendra on 2 September, 2021
1
C
Instrument Act, empowers the holder in due course to fill
up the cheque. On this point, it is relevant to refer the
following decisions ... Blank
cheque- Issue of - Issuing of cheque duly
signed by maker thereof authorizing payee
to fill up amount agreed upon will not
invalidate cheque
Kumar, (2019) 4 SCC 197, ¶ 34). This, in
itself, would not invalidate the cheque (Ibid). The onus would still be on the accused
to prove ... Kumar,
(2019) 4 SCC 197, ¶ 34). This, in itself, would not invalidate the cheque. The onus
would still be on the accused to prove that
fill up
the amount and other particulars which itself would not invalidate the
cheque. Observation of the Apex Court in this regard is as under ... cheque may have been
filled in by any person other than the drawer, if the
cheque is duly signed by the drawer. If the cheque
cheque may have been filled in by any person other
than the drawer, if the cheque is duly signed by the
drawer. If the cheque ... Filling up of by any person other than
drawer does not invalidate cheque Subsequent
filling up of unfilled signed cheques not an
alteration.
Para
writing the year as "2007" invalidates
the cheque. Though the question of alleged material alteration
was not the question discussed in the said ... cheque, has not stated
that, there is any material alteration in the instrument, it cannot
be held that the cheque was invalid and ineligible
that such difference in hand-writing ipso-facto would
not invalidate the cheque or render its authenticity doubtful. It was held as
under ... amount and
other particulars. This in itself would not invalidate the cheque.
The onus would still be on the accused to prove that the cheque
that such difference in hand-writing ipso-facto would
not invalidate the cheque or render its authenticity doubtful. It was held as
under ... amount and
other particulars. This in itself would not invalidate the cheque.
The onus would still be on the accused to prove that the cheque
signature in the Memo of Compromise, the respondent had not
returned the cheque bearing No.578187 to the petitioner, but presented the
same ... cheque has lost its validity
and, therefore, prosecution based on an invalid cheque is wholly
unsustainable. Therefore, prays for quashment of the complaint
denying the signature on the cheque, it is required to
be presumed that the cheque in question was drawn for
consideration and that the complainant ... that mere filling up of cheque by
the payee would not invalidate cheque. This contention
was put forward mainly to meet the situation, that