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Showing posts with the label inchoate

Blank cheque - authorisation

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....