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TMI Blog2014 (12) TMI 1401X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.),in Criminal Revision Nos.118/2013 & 119/2013 whereby the applications of the respondents/ accused under Section 45 of the Indian Evidence Act were allowed by setting aside the orders of dismissal passed by the trial court dated 6/8/2013 in Criminal Case Nos. 232/12 and 475/12. 3. For facility of reference, the facts are being taken from Cri.Rev. No. 56/14. As per the case of the petitioner/complainant, she advanced a sum of Rs. 2,00,000/- to the respondent/accused and in turn the respondent-Hukum Singh issued a cheque No. 892743 dated 12/9/2011 in favour of the complainant/petitioner drawn on State Bank of India Branch Vidisha. When the petitioner presented the said cheque at the concerning Bank same came to be dishonoured for want of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er to verify the correctness of the alleged act of the complainant the respondent/accused moved an application under section 45 of the Evidence Act before the trial court for seeking the relief to examine insertion of the entries in the cheque through Handwriting Expert. Said application was rejected vide order dated 6/8/2013 passed in Criminal Case No. 232/12. Against the dismissal order dated 6/8/2013, the accused preferred Cri.Rev. No. 119/13 before the Revisional Court. The learned Revisional Court after considering the arguments of both the sides, allowed the prayer of the accused vide impugned order, assailed herein, hence, the revision before this court. 5. Similarly, same application under section 45 of the Evidence Act was filed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent contended that the revisional court has not committed any illegality in passing the order. The order was necessitated to bring out the truth in the prosecution case, but unfortunately, prayer of the accused was rejected by the trial court which mistake was corrected by the revisional court. It is therefore prayed that this revision be dismissed. It is also submitted by the learned counsel that when complainant Sunita Dubey (PW-1) was examined during her cross-examination in para 18, it was admitted by her that the accused signed the cheque by using blue ink but remaining entries were written in black ink. It is also pointed out by the learned counsel for the respondent/accused that complainant Sunita Dubey (PW-1) in her cross- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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." 10. A bare perusal of the provisions shows that there is a clear mandate under section 20 of the Negotiable Instruments Act to the effect that such an instrument can be negotiated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the petitioner/complainant after having filled up the details by herself. But as discussed above, as per Section 20 of the NI Act, an individual is authorised to complete the inchoate instrument deliver to him by filling up the blanks. Moreover, a blank cheque could be filled up by the 'Holder thereof', which will be a valid instrument in the eye of Law. 13. As regards the plea taken on behalf of the respondent by his learned counsel that in para 18 of cross-examination the complainant-Sunita Debey (PW-1) denied the suggestions made to her that blank space was filled by herself it means blank space of the cheque was not filled by the holder, therefore, benefit of section 20 of the NI Act cannot be given to the complainant/pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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