<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (7) TMI 1540 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=364232</link>
    <description>Filling in the date on an undated cheque signed and delivered by the drawer did not, on the stated facts, amount to a material alteration invalidating the instrument, because Section 20 of the Negotiable Instruments Act permits completion of an incomplete negotiable instrument by the holder; the dispute over authority to insert the date was factual and could not be resolved without evidence, so quashing was refused on that ground. The plea that the cheque was issued only as security also could not be accepted at the quashing stage, because the complaint and pre-summoning material disclosed an asserted liability arising from the underlying transaction, and whether any legally enforceable debt existed required trial evidence rather than summary rejection.</description>
    <language>en-us</language>
    <pubDate>Mon, 23 Jul 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 24 Jul 2018 17:17:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=528156" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (7) TMI 1540 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=364232</link>
      <description>Filling in the date on an undated cheque signed and delivered by the drawer did not, on the stated facts, amount to a material alteration invalidating the instrument, because Section 20 of the Negotiable Instruments Act permits completion of an incomplete negotiable instrument by the holder; the dispute over authority to insert the date was factual and could not be resolved without evidence, so quashing was refused on that ground. The plea that the cheque was issued only as security also could not be accepted at the quashing stage, because the complaint and pre-summoning material disclosed an asserted liability arising from the underlying transaction, and whether any legally enforceable debt existed required trial evidence rather than summary rejection.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 23 Jul 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=364232</guid>
    </item>
  </channel>
</rss>