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Self Cheque with 'bearer" not crossed is an instrument under NI Act

Cheque; Sarafudheen Vs. T. Muhammed Ashraf [Kerala High Court, 15-07-2016]  Case Law Section 138 of the Negotiable Instruments Act Michael Kuruvilla v. Joseph J. Kondody, 1998 (1) KLT 384 Babu Lal v. Kewal Chand, 2008 (1) Crimes 147 (MP) Negotiable Instruments Act, 1881 – Ss. 9 & 138 – ‘self cheque’ – holder in due course – cheque was issued in the form of a “self cheque” – at the same time, it is a bearer cheque also, since the terms “or bearer” has not been scored off – therefore, cheque could be treated as a “bearer cheque” – therefore, when cheque is a “bearer cheque”, the possessor of the cheque for consideration can be termed as a “holder in due course”. Negotiable Instruments Act, 1881 – Ss. 9 & 118 (g) – holder of the cheque – when it is admitted that the complainant is the holder of the cheque, the presumption under Section 118(g) of the N.I.Act is available to the complainant. It shall be presumed that the complainant being the holder of the cheque is the ...