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TMI Blog2021 (8) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... CE R. THARANI For the Petitioner : Mr.S.Ramasamy For the Respondent : Mr.S.Selvakumar ORDER This Criminal Revision Case has been filed to set aside the order, dated 28.12.2020, made in Cr.M.P.No.633 of 2020, in C.C.No.32 of 2013, on the file of the Judicial Magistrate, Fast Track Court (Magistrate Level), Kovilpatti. 2.The revision petitioner is the accused and the respondent is the defacto complainant in C.C.No.32 of 2013. The respondent herein filed three cases against the petitioner in C.C.Nos.32, 33 and 34 of 2013. The revision petitioner filed a petition in Cr.M.P.No.633 of 2013 in C.C.No.32 of 2013, to send the cheque for expert opinion. That petition was dismissed by the Judicial Magistrate, Fast Track Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly admitting the entries in the cheque under Section 20 of the Negotiable Instruments Act and the respondent / defacto complainant is entitled to fill up the cheque and prayed the petition to be dismissed. 5.It is seen that the revision petitioner has accepted the signature in the cheque leaf. Section 20 of the Negotiable Instruments Act, as follows:- Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in India, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing evidence. It is not the case of the respondent-accused that he either signed the cheque or parted with it under any threat or coercion. Nor is it the case of the respondentaccused that the unfilled signed cheque had been stolen. The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139 of the Negotiable Instruments Act, in the absence of evidence of exercise of undue influence or coercion. The second question is also answered in the negative. Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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