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TMI Blog2022 (4) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... ELD THAT:- A perusal of Section 20 of the Negotiable Instruments Act, 1881 clearly shows that when a wholly blank or incomplete negotiable instrument is handed over to a person, the drawer thereby gives a prima facie authority to the holder thereof to make or complete a negotiable instrument for any amount specified therein. It is thus evident from a perusal of Section 20 of the Negotiable Instruments Act, 1881 that an instrument, signature whereupon is not denied, does not become void merely because of the same having been filled-up by a different ink or different handwriting. Whether the case of the petitioners shall be severely prejudiced on account of failure on the part of the petitioners to lead evidence of a handwriting expert? - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M-14036-2022 (O&M) CRM-M-14050-2022 (O&M) CRM-M-14072-2022 (O&M) CRM-M-14074-2022 (O&M) - - - Dated:- 20-4-2022 - HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Mr. Parminder Singh , Advocate for the petitioner ORDER VINOD S. BHARDWAJ , J. 1. This common judgment shall dispose off the above mentioned four petitions filed on behalf of petitioners against the respondents as the petitioners are aggrieved by the order dated 09.03.2022 (Annexure P-5) passed in respective complaints on an application moved by the petitioners for seeking permission to compare the writing over the cheque having been used in a different ink than the ink in which the signatures had been appended. Details of each case are given as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s discharge of the outstanding dues on account of supply of paddy to the petitioner-accused company. Upon presentation of the said cheques, the same were dishonoured vide return memo with remarks funds insufficient . Upon failure on the part of the petitionersaccused to repay the amount upon receipt of the legal notice, the complaints in question were instituted. An application was submitted by the petitioners-accused for seeking permission to compare writing on the cheque with the writing of the complainant-respondent and his son. Upon consideration of the said application and arguments advanced by the respective parties, the Judicial Magistrate First Class, Indri dismissed the said application. Aggrieved thereof, the instant batch of pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount; provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder. 7. A perusal of Section 20 of the Negotiable Instruments Act, 1881 clearly shows that when a wholly blank or incomplete negotiable instrument is handed over to a person, the drawer thereby gives a prima facie authority to the holder thereof to make or complete a negotiab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not denied by the respondent-complainant and it is not the affirmative case of the complainant that the petitioner No.2 had given duly filled cheque, in his own handwriting, which may require any evidence to contradict. 10. In the wake of the specific plea of the petitioners that the blank signed cheque had been handed over to the respondent-complainant and in the absence of any claim by the respondent-complainant that a duly filled cheque, complete in all particulars, had been handed over by the accused, a mere examination of a handwriting expert to prove a fact not pleaded or claimed by the complainant is not likely to advance any interest of justice. The same is only likely to delay the final adjudication of the trial. Further, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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