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    <title>2003 (7) TMI 745 - ANDHRA HIGH COURT</title>
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    <description>A cheque issued without the amount and date, and later completed by the payee without the drawer&#039;s consent, was treated as a material alteration under Section 87 of the Negotiable Instruments Act and did not satisfy the statutory character of a cheque for Section 138 purposes. Although a presumption under Section 139 may arise from issuance of a blank cheque, that presumption is rebuttable and was displaced on the facts because the drawer had not authorised completion in the manner adopted. The ingredients of Section 138 were therefore not established, and the magistrate&#039;s appreciation of evidence showed no perversity. The acquittal was upheld.</description>
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    <pubDate>Fri, 04 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 745 - ANDHRA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=304941</link>
      <description>A cheque issued without the amount and date, and later completed by the payee without the drawer&#039;s consent, was treated as a material alteration under Section 87 of the Negotiable Instruments Act and did not satisfy the statutory character of a cheque for Section 138 purposes. Although a presumption under Section 139 may arise from issuance of a blank cheque, that presumption is rebuttable and was displaced on the facts because the drawer had not authorised completion in the manner adopted. The ingredients of Section 138 were therefore not established, and the magistrate&#039;s appreciation of evidence showed no perversity. The acquittal was upheld.</description>
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      <pubDate>Fri, 04 Jul 2003 00:00:00 +0530</pubDate>
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