HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Present HON. SHRI JUSTICE B.D.RATHI
1 Day of December, 2014
(Cri. Rev. No.56/2014)
Smt. Sunita Dubey Vs. Hukum Singh Ahirwar Connected
with
(Cri. Rev. No.59/2014)
Smt. Sunita Dubey Vs. Dev Kishan Ahirwar
Negotiable Instruments Act, 1881 - Section 138 - Evidence Act, 1872 - Section 45 - Examine insertion of the entries in the cheque through Handwriting Expert - Held, the instrument may be wholly blank or incomplete in any particular; in either case, the holder has the authority to make or complete the instrument as a negotiable one. The authority implied by a signature to a blank instrument is so wide that the party so signing is bound to a holder in due course even though the holder was authorised to fill for a certain amount. Section 20 of the Act declares that inchoate instruments are also valid and legally enforceable. In the case of a signed blank cheque, the drawer gives authority to the drawee to fill up the agreed liability. As per Section 20 of the NI Act, an individual is authorised to complete the inchoate instrument deliver to him by filling up the blanks. Moreover, a blank cheque could be filled up by the 'Holder thereof', which will be a valid instrument in the eye of Law. The complainant/petitioner has right to get benefit under section 20 of the NI Act and there is no need to examine the Handwriting Expert to verify whether the contents of the cheques were written by the complainant or not.
Present HON. SHRI JUSTICE B.D.RATHI
1 Day of December, 2014
(Cri. Rev. No.56/2014)
Smt. Sunita Dubey Vs. Hukum Singh Ahirwar Connected
with
(Cri. Rev. No.59/2014)
Smt. Sunita Dubey Vs. Dev Kishan Ahirwar
Negotiable Instruments Act, 1881 - Section 138 - Evidence Act, 1872 - Section 45 - Examine insertion of the entries in the cheque through Handwriting Expert - Held, the instrument may be wholly blank or incomplete in any particular; in either case, the holder has the authority to make or complete the instrument as a negotiable one. The authority implied by a signature to a blank instrument is so wide that the party so signing is bound to a holder in due course even though the holder was authorised to fill for a certain amount. Section 20 of the Act declares that inchoate instruments are also valid and legally enforceable. In the case of a signed blank cheque, the drawer gives authority to the drawee to fill up the agreed liability. As per Section 20 of the NI Act, an individual is authorised to complete the inchoate instrument deliver to him by filling up the blanks. Moreover, a blank cheque could be filled up by the 'Holder thereof', which will be a valid instrument in the eye of Law. The complainant/petitioner has right to get benefit under section 20 of the NI Act and there is no need to examine the Handwriting Expert to verify whether the contents of the cheques were written by the complainant or not.
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