Negotiable Instruments Act, 1881, Section 20, 4 -- Pronote - Payee's name left blank - Person to whom it is delivered can fill his name or of any person as payee - Such authority being statutory and also coupled with interest, death of executant of such inchoate instrument, does not put end to such authority - However, legal representatives of executant are not precluded..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Supply of goods on credit - Blank cheque issued in respect of uncertain future liability - Cheque dishonoured - Offence u/s 138 cannot be inferred - Cheque issued in respect of future liabilities not in existence as on date of cheque does not attract prosecution u/s 138 of the Act...........
Criminal trial -- Appreciation of evidence - Witness stated that they did not make any statement that deceased committed suicide due to mental illness and their signatures were obtained by police on blank papers - Held that those alleged statements do not carry any evidentiary value when the witnesses have made sworn statements in the court and in their cross examination..........
Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 26, Rule 10 -- Pronote - Age of ink in signature and body of pronote - Plea of signatures obtained on blank paper - Held, it would be just and proper exercise of discretion to send the document to Handwriting Expert for his opinion as regards the age of inks in signature and body of pronote...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque theory - Goods supplied to accused - All the transactions shown in the account books maintained by complainant - It is thus established that cheques were issued towards legally enforceable debt - Contention that blank cheques were issued in good faith not tenable...........
Signatures -- Proof - Forged or fabricated signatures - Signatures admitted to be obtained on blank papers on assurance of applying for loan - It would be too remote to infer that signatures of executant were fabricated or forged signatures...........
Negotiable Instruments Act, 1881, Section 138 -- Blank cheque - When given towards liability or even as security, when the liability is assessed and quantified, if cheque is filled up and presented to bank, person who had drawn the cheque cannot avoid liability under section 138 of N.I. Act...........
Insurance claim -- Discharge voucher - There is ample evidence in the form of discharge voucher, acceptance of cheque, its immediate encashment, not making protest or objecting while signing the discharge voucher or encashing the cheque - All this shows that with proper application of free mind without any fraud, misrepresentation and undue influence the complainant..........
Contract Act, 1872, Section 17, Limitation Act, 1963, Article 57 &59 -- Cancellation of document obtained with fraud - To save land from Ceiling Law defendant No.2 counselling plaintiff to transfer his agricultural land by way of will and obtaining plaintiff's thumb impression on blank papers and forging a gift deed and deed of adoption in favour of defendant No.1 and..........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Name of complainant on cheque in a different handwriting - It is unbelievable that accused will not write name of complainant and will leave it blank while writing the amount and the date on the cheque - There is no reason to hold that accused got the name of complainant written by a different..........
