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2015 (1) TMI 1471 - HC - Indian LawsDishonor of Cheque - legally enforceable debts/liabilities or not - trial court rejected the petitioner's prayer for sending the cheques to the hand-writing expert - section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- 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 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 and accordingly stands dismissed.
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