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2017 (6) TMI 653 - HC - Indian LawsOffence under Section 138 Negotiable Instruments Act - signing of blank cheque - Held that:- Once the signatures on the cheque are admitted, the liability arising therefrom cannot be evaded on the specious plea that the contents were not filled up by the drawer of the cheque. When a blank cheque is signed and handed over, it only implies that the person signing it, and handing it over, has given implied authority to the holder of the cheque to fill up the blank portions, it being a matter of legitimate presumption that he would understand the consequences of doing so. It is the claim of the accused that he had handed over the cheque in question as one of the two cheques to the brother of the complainant against the liability he owed to him. Apart from his own oral word in this regard, he made no effort to substantiate such plea. He did not adduce any evidence confirming that the amount of ₹ 4,52,000/- which he owed to the brother of the complainant had been duly accounted for substantially, the balance amount being only to the tune approximately of ₹ 2,04,000/-. If the liability of the accused to the brother of the complainant was for a specific amount, there is no reason why he should have handed over a blank cheque as is claimed. The guilt of the respondent (accused) for offence under Section 138 of Negotiable Instruments Act stands brought home by the evidence adduced by the trial court before the court of the Metropolitan Magistrate. Appeal allowed. The second respondent (Ram Prakash Yadav) is held guilty and convicted for offence under Section 138 Negotiable Instruments Act, 1881.
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