9911796707
TMI Blog2015 (1) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... que, if delivers to any person singed by the drawer, no payment against such cheque can be denied on the plea the same was delivered to the person was partially blank. Since the signature in the cheque has not been disputed there is no need for verification of the handwriting by which the name of. the payee and the amount has been filled up. It appears that the proceeding is pending since 2012 for more than 2 and half year although it is the legislative intent that the court shall make all endeavours to conclude the trial relating to such offence within six months from the date of filing of the complaint. This case has already reached the stage of examination of the accused under section 313 Cr.P.C. The criminal revision has no merit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng any importance to the contention of the petitioner, turned down such prayer. It is submitted the order impugned be quashed and the prayer of the petitioner be allowed. 4. Heard the learned counsel for the petitioner. Perused the impugned order and other materials on record. 5. It appears from a perusal of the records that the order whereby the trial court rejected the petitioner's prayer for sending the cheques to the hand-writing expert was challenged before the Sessions Court in a revision. However, the petitioner lost in the revision and the order passed by the trial court was upheld. 6. This is, therefore, a second revision and in view of specific statutory bar under sub-section (3) of section 397, the entertainment of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding of the aforesaid provisions, it is abundantly clear even if an incomplete negotiable instrument, signed by the drawer delivers to anyone, it authorizes the holder thereof to make or complete the same as the case may be and also the person so signing shall be liable upon such instrument, in the capacity in which he signed the same to any holder thereof in due course for payment of such amount. Therefore, even if a bill of exchange, which includes a cheque, if delivers to any person singed by the drawer, no payment against such cheque can be denied on the plea the same was delivered to the person was partially blank. Since the signature in the cheque has not been disputed there is no need for verification of the handwriting by which the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
