https://www.taxtmi.com/caselaws?id=299266 A cheque payable to order can be enforced by a transferee only if valid endorsement and delivery are proved under the Negotiable Instruments Act. Mere possession or delivery, without a proper endorsement showing transfer, is insufficient to establish holder-in-due-course status. On the facts, the reverse of the cheque contained only signatures without the necessary endorsement particulars, the original payee was not examined, and the accused denied privity of contract and liability. In the absence of proof of valid transfer and consideration, the complainant could not sustain a prosecution under Section 138, and the acquittal was upheld. en-us Wed, 20 Jan 2010 00:00:00 +0530 Wed, 08 Dec 2021 16:46:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299266 A cheque payable to order can be enforced by a transferee only if valid endorsement and delivery are proved under the Negotiable Instruments Act. Mere possession or delivery, without a proper endorsement showing transfer, is insufficient to establish holder-in-due-course status. On the facts, the reverse of the cheque contained only signatures without the necessary endorsement particulars, the original payee was not examined, and the accused denied privity of contract and liability. In the absence of proof of valid transfer and consideration, the complainant could not sustain a prosecution under Section 138, and the acquittal was upheld. Case-Laws Indian Laws Wed, 20 Jan 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299266