accused. There are material
alterations on the cheque and the said alternation made the
cheque invalid. Trial court did not appropriate the evidence
adduced ... presume that dishonoured cheque was issued to the holder of
the cheque for consideration. Accused denied his signature on the
cheque but made not effort
validity and therefore, the same is an invalid cheque and case
would not proceed thereon.
6. Sh. Vinay Gupta, counsel ... under',
whereas the cheque had been drawn for an amount of Rs. 15 lacs.
Thus, the cheque being itself invalid, no presumption as envisaged
cheque was not filled by the
petitioner.
Filling of the amount or other particulars in the cheque by the
payee would not invalidate the cheque ... 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
M/S Sai Auto Agencies Thr. Its Partner ... vs Hemant Ambadas Bajad on 19 August
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 to credit
the amount in the account of any third party. Even otherwise such
endorsement on the cheque had invalidated the cheque
judis
Crl.R.C.No.906 of 2015
cheque Ex.P-2 was issued for the debt payable as per the ledger account ... payee written in different ink will not per se
render the cheque invalid in view of Section 118 of the Negotiable
Instruments
cheque is not disputed, it is immaterial as to who has
filled up the cheque. If a person signs the cheque and gives
blank cheque ... filled the
cheque. Even though the question as to who has filled the
cheque does not make the cheque invalid or valid. The cheque
presentation. But unfortunately, when it was presented, it was
returned; an invalid cheque was given. Therefore, the impugned complaint was
lodged on 17.01.2020 and Crime
cheque was presented in August, 2018 when the cheque
Signature Not Verified
Digitally Signed byAMIT
ARORA
Signing Date:06.12.2022
16:59:08
was an invalid ... that it was not because of his
doing that the cheque has become invalid and incapable of encashment.
For the aforesaid reasons, issue notice
