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...the two and the cheque was subsequently filled up by the complainant. Counsel adds that filling up of the cheques by the complainant will amount to a material alteration coming within the purview ..., the payee can fill it up as he is empowered to do so under Section 20 of the Act. Filling up of the blank cheque by the payee is different from committing a material ...Authority Patiala (AIR 1970 SC 1742) and Jayantilal Goel v. Zubeda Khanun (AIR 1986 AP 120) to contend that a material alteration makes the instrument void and unen...
...Jayanitlal Goel v. Zubeda Khanun, (1985 SCC OnLine AP 22) it has been held that a material alteration is different from filling up a blank ...recall notice when the respondent no. 5 failed to pay the outstanding amount, the lodgement of the cheque by filling up the same cannot be said to be an act of cheating or criminal breach of trust...fund. He further alleges that at the time of purchase of vehicles he had signed on many blank cheques and blank papers and the cheque lodged by accused no. 1 was one of those cheques which were lodged...
...Section 20 of the Negotiable Instruments Act, 1881 unerringly points out that filling up of blank cheque is neither a case...ink and the contents of the said cheque is in a different ink which raises doubt and also probabilise the defence theory that the complainant might have received the blank cheque and subsequently...particular has a prima facie authority to fill it up, and thus he is an agent of the person delivering blank instrument, as per decision Ibrahim v. Ramdas...
...order to carry out the common intention of the parties. Under Section 87 of the N.I. Act, a blank cheque completed otherwise than for effectuating the common intention of parties is void inasmuch as it tantamounts to ...N.I. Act that alleged blank cheque is void for material alteration and a prosecution under Section 138 of N.I. Act cannot sustain against him at all since entries in the cheque do not reflect the ...alteration are defences which the drawer of cheque is entitled to take up while defending an action under Section 138 of N.I. Act. That by itself does not mean that the payee or holder of the cheque as the...
...is filled up and that filling up of a blank cheque without the consent of the drawer also amounts to material alteration. It was submitted that the complainant has not filled the..., of any debt or liability, there is an implied authority for the person receiving such cheque to complete it by filling the blanks and the amount having been filled up under such implied authority would...respondent that writing in the cheque and filling up of the figures were with the consent of the appellant accused. It was submitted that therefore, in case of a blank cheque, the same could be...
...a specific mention that they can put the amount therein and they can draw. The act of the complainant in filling up the amount portion in words and figures and putting the date as per his own choice is certainly a ..., it can be altered only with the consent of the party, who has issued the cheque. Otherwise, it amounts to material alteration. When it does not constitute a cheque and the same is filled up and...7, 1997. He also requested fifteen days time on August 22, 1997. Thereafter, the cheque was presented after filling up the blanks found at the amount portion and the date and it was presented through...
....5. The following substantial questions of law have been framed:(i) Whether filling up of a signed blank cheque leaf would amount to material alteration within the me...of blank paper and not a bill and that he can take it as a bill only under the authority given to his transferor. Section 20 of the Act would make it clear that there can be no material alteration of a cheque leaf ...that when a signed blank cheque leaf is handed over, it can never be filled up and that if it is filled up it would amount to a material alteration within the meaning of using Se...
...are likely to occur. So far as the comparison of handwriting is concerned it is the specific contention of the petitioner that he gave blank cheque in 1994 and the complainant filled up the body of...cheque and the same is filled up and presented to the Bank, it cannot be said that the accused has committed an offence. The person who accepts the blank cheque is certainly has to lake it along w...obtained his signatures on blank papers including blank cheque and, subsequently, the complainant filled up the cheque and presented it to the Bank, therefore, the prosecution cannot be maintained. He...
...2003 (2) dcr 273 wherein the court observed that subsequent filling of the figures and words amounts to material alteration and when it does not constitute cheque and the same is filled up and...to occur. So far as the comparison of handwriting is concerned it is the specific contention of the petitioner that he gave blank cheque in 1994 and the complainant filled up the body of the ...his signatures on blank papers including blank cheque, and subsequently, the complainant filled up the cheque and presented it to the bank, therefore, the prosecution cannot be maintained. He further...
...make a specific mention that they can put the amount therein and they can draw. The act of the complainant in filling up the amount portion in words and figures and put the date as per his own choice is certainly a ...that if a blank cheque is issued, it can be presumed that an implied authority is given to the holder of the cheque to fill it up towards discharge of a debt etc. It further held that the presumpt...[2003 (2) DCR 610] held that by putting the amount and the name in the cheque, there is no material alteration under section 87 of the Act. There ...
...cheques and the plaintiff has put it prior to presentation of those. The plaintiff has a contra claim. Evenif the defendant's version is accepted as true, the filling up of the dates in an otherwise filled and signed ...extracted hereunder:
“If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars, and...filled up in all other respects and also signed would amount to material alteration as contended by the learned counsel for the defendant.
17. Section 20 of the Negotiable...
...execution of cheque do not mean the mere handing over of a blank cheque but it means that the cheque is given in full form. The complainant cannot be justified in doing material ...defense of the accused is that blank cheques issued to appellant are misused. In this context from the evidence PW1 in as much as the issue of difference in ink and figures in subject cheque it is...up his promise.3. When the complainant/appellant demanded the above amount, the respondent issued a Cheque bearing No. 245837 dated 20.02.2008 drawn on ING Viyasa Bank towards his...
...executed.17. It would be significant to state that execution of cheque do not mean the mere handing over of a blank cheque but it means that the cheque is given in full form. The complaina...claim the complainant examined himself as PW1 and documents in Ex.P1 to Ex.P4 were marked. Ex.P1 is the dishonored cheque, Ex.P2 is the return memo and Ex.P3 and Ex.P4 are the legal notice and its...burden of proof rest upon the accused. It is the case of the appellant that once signature in the cheque is admitted, the respondent is liable to be punished.10. When the respondent...
...the trial Court is correct. However, the findings of the trial Court that by filling up the cheque, the complainant is guilty of material alteration is incorrect. The provisions ...cheque in question when it was blank. If the accused is able to rebut the presumption which is in favour of the complainant, then it becomes necessary for the complainant to prove that accused has...noted the accused has taken up a specific defence that the cheque at Ex.P-2 was issued blank with his signature and the rest of the details are entered by the accused either in his own handwriting or...
...; V neghy; ,rl; ,rl; Mh; V o vd;W jpUj;jg;gl;Ls;sJ/“10. It is needless to say that filling up of a cheque differ from mutation of a cheque. In simple words filling up of ...presentation of cheque and that the cheque also suffered out of material alteration. It was also found by the Lower Appellate Court that the respondents has disproved the claim of appellant as untrue as the...to state that subject cheque suffer Material Alteration, therefore in view of above reasons, I am unable to find any irregularity or infirmity over the Appellate Court’s Judgment of Acquittal which...
...penal provisions of Section 138 would be attracted.
38. If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the...in the presence of the respondent-accused being the drawer, at his request and/or with his acquiescence. The subsequent filling in of an unfilled signed cheque is not an alteration. There was no change...relationship with the accused-petitioner. Therefore, heavy burden was on the complainant to prove that he had advanced the loan and that blank cheque for the same was given to him. The complainant is an income...
...written by him.6.6 The trial court has also noted that it was not the case of the respondent that the writing in the cheque and filling up of the figures were with the...-2001 drawn on Indian Overseas Bank, Plankamon Branch in discharge of the debt. It is the further case of the respondent complainant that when the cheque was presented for encashment through...date when the amount was said to have been borrowed by the appellant, that there was material alteration in the instrument and, therefore, the respondent failed to establish a case under Section 138 of...
...subject cheque and since admittedly a blank cheque was issued by the petitioner, filling up details in the same cannot be the ground to seek for production of the expert opinion on the said document...-
in the said transaction the petitioner herein had issued a blank cheque and that the respondent herein has misused the said cheque by filling his name and the amount therein...herein to produce the said document in the civil proceedings. He further submits there is no specific pleading in the written statement by the petitioner herein with regard to material alteration in the...
...filling up of a signed blank cheque leaf would amount to a material alteration within the meaning of Section 87 of the N.I Act?(iii) Is there an implied authority to a pe...and that he can take it as a bill only under the authority given to his transferor. Section 20 of the Act would make it clear that there can be no material alteration of a cheque leaf only for the reasons that it was subseq...blank cheque leaf is handed over, it can never be filled up and that if it is filled up it would amount to a material alteration within the meaning of using Section 87 of the N.I...
...intention to repay Rs. 25,000/-, so if at all the blank Cheque has been filled up by the Complainant, he can fill up the maximum amount of Rs. 25,000/- and not beyond that. Therefore, when the finding of the Courts...Revision Petitioner/Accused, especially, the Lower Court having found that there was material alteration in the Cheque by way of using three different inks in filling up the Cheque and the Revisio...of the Negotiable Instruments Act, once a blank Cheque is given, no doubt, the Complainant has authority to fill up the document, but, at best, he can fill up the document to the maximum amount...