2015 (1) TMI 1471

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..... the learned Additional Chief Metropolitan Magistrate, Calcutta. In course of trial, the petitioner although admitted his signatures in the cheques, but claimed the name of the payee and the amount of money were not filled up by him. 2. It is submitted by the learned counsel for petitioner that the blank cheques containing only the signatures of the petitioner was kept with the complainant as secu .....

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..... nce 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 th .....

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..... aimed that the name of the payee and the cheque amount was not filled up by him. The section 20 of the Negotiable Instrument Act defined such a cheque an "inchoate stamped instrument". According to the said provision, where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instrument, either wholly blank or having written thereon, an incompl .....

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..... f 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 .....

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..... dnesday to fix the date for such examination of the accused and that day must not be fixed beyond the period of one week. If thereafter defence proposes to examine any witness in support of its case, such examination must be completed within a week thereafter and then the trial must be concluded with the delivery of the judgment within a month from this date. The office is directed to communicate .....

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