9911796707
TMI Blog2011 (7) TMI 1380X X X X Extracts X X X X X X X X Extracts X X X X ..... Presiding Officer, Fast Track Court, Valsad dated 05/03/2011 in Criminal Revision Application No. 78/2010 by which the learned revisional Court has allowed the said Revision Application submitted by the private respondent and has quashed and set aside the order passed by the learned Judicial Magistrate First Class, Pardi dated 29/10/2010 below Exh. 54 in Criminal Case No. 1337/2009 and has directed to send the cheque in question to the handwriting expert for its opinion. 3. After two rounds of litigation up to the learned revisional Court and remand by the learned revisional Court and earlier remand by the learned revisional Court passed in Criminal Revision Application No. 54/2009, the learned Judicial Magistrate First Class, Pardi rej ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be open for the holder of the cheque to fill in the blanks in its own handwriting and there is an implied authority for the person receiving such cheque to complete it by filling the blanks, and, therefore, it is submitted that the learned revisional authority has materially erred in passing the impugned order and quashing and setting aside the order passed by the learned Magistrate. Shri Patel, learned advocate appearing on behalf of the petitioner has further submitted that as such there is always a presumption with respect to the debt for which the cheque has been issued in view of Section 139 read with Section 118 of the Negotiable Instruments Act and however the same is rebuttable by leading evidence that there was no debt for which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en a cheque bearing signature of the drawer is delivered, there is an implied authority for the person receiving such cheque to complete it by filling the blanks whether the amount in the cheque was not mentioned at the time of drawing or the blanks being filled in later on becomes immaterial. Even otherwise there is always a presumption with respect to debt for which the cheque has been issued in view of Section 139 read with Section 118 of the Negotiable Instruments Act. However, the said presumption is rebuttable by leading evidence that there was no debt for which the cheque has been issued. Under the circumstances, the learned revisional Court has materially erred in allowing the Revision Application and quashing and setting aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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