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TMI Blog2020 (3) TMI 1341X X X X Extracts X X X X X X X X Extracts X X X X ..... e cheque should be sent for obtaining an opinion of the expert with regard to the handwriting of the entries in it. When the accused admits the signature in the cheque, it is immaterial whether some other person had made the entries in the cheque or filled it up. Even if some other person had filled up the cheque, it does not in any way affect the validity of the cheque - there are no illegality or impropriety in Annexure-A order passed by the learned Magistrate. The intention of the petitioner/accused was only to protract the proceedings in the case. The challenge made to Annexure-A order fails. The petition is liable to be dismissed. Petition dismissed. - Crl. M.C. No. 1310 of 2019 (C) - - - Dated:- 13-3-2020 - R. Narayana Pish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is only with regard to the other entries in the cheque. 8. Annexure-B is the copy of the deposition of the complainant in the case. It shows that, on cross-examination by the petitioner/accused, the complainant had given evidence as follows: Accused came to my place and gave the cheque. She was accompanied by a person, might be her husband or her employee. He wrote the entries in the cheque. Accused suggests that neither the accused nor her husband nor her agent wrote anything in Ext. P4 (Q) Incorrect (A). 9. On a bare perusal of the aforesaid statement made by the complainant in the trial court it can be found that the complainant has got no case that the accused herself wrote the entries in the cheque. 10. The petitioner/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. ..... In the absence of any finding that the cheque in question was not signed by the respondent-accused or not voluntarily made over to the payee and in the absence of any evidence with regard to the circumstances in which a blank signed cheque had been given to the appellant-complainant, it may reasonably be presumed that the cheque was filled in by the appellant-complainant being the payee 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 . ..... X X X X Extracts X X X X X X X X Extracts X X X X
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