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2022 (6) TMI 199 - Indian Laws
Dishonor of Cheque - misuse of blank signed cheque of the petitioner - Section 138 of the Act of 1881 - HELD THAT:- With respect to the defence raised by the petitioner of blank signed cheque being misused, on suggestion put to CW1 as well as defence in statement recorded under Section 313 Cr.P.C. are not in consonance with evidence of DW2- Jitender Singh. It was observed that the suggestion given to CW1 was to the effect that by pressurizing DW2-Jitender Singh, the complainant had taken cheque of the petitioner and then filled the amount of Rs.5,00,000/- on his own and misused the same. It was further noticed that on the other hand, when DW2 was examined, he had stated that he alongwith complainant came to the house of the present petitioner and the petitioner was not present in the house and in his absence, the complainant took away two blank signed cheques of his brother including the cheque in question from the almirah of his brother i.e. Surender and it is the said cheque which has been misused. It was observed that version given by the DW2 to the effect that theft had been committed from almirah of the house was not mentioned in statement recorded under Section 313 Cr.P.C. nor suggested to CW1 in his cross-examination.
The Hon'ble Supreme Court of India in a case titled as BIR SINGH VERSUS MUKESH KUMAR [2019 (2) TMI 547 - SUPREME COURT], had held that the Court shall presume the liability of the drawer of the cheques for the amount for which the cheques are drawn. Even in the aforesaid case, the cheque was a signed blank cheque which had been subsequently filled up by the complainant. The Hon'ble Supreme Court in the said case had also held that the revisional Court should not interfere in the absence of jurisdictional error - In the said case, it has been held that the Revisional Court is not to interfere in the absence of jurisdictional error. In the present case, it is admitted case of the petitioner himself that the signatures on the cheque are his and his only defence to the effect that a blank signed cheque was kept by him has been held to be a concocted defence.
The present Criminal Revision being sans merit, is accordingly dismissed.