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2018 (7) TMI 1540 - HC - Indian LawsAuthority to fill the date in an undated cheque - non-payment of the value of the cheque on dishonor of the cheque - it was alleged that petitioner failed to make any payment inspite of service of notice of demand - Section 138 of the Negotiable Instruments Act, 1881 - Held that:- The fact that the petitioner had handed over an undated cheque, in the given facts and circumstances would ordinarily lead to presumption of grant of authority to the payee i.e. the complainant to fill in the date - The assertion of the petitioner that there was no such authority gives rise to a question of fact which cannot be answered without both parties being called upon to adduce evidence - petition dismissed - decided against petitioner.
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