2010 (12) TMI 1332

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....an in both cases For the Respondent: Mr.B.Singaravelu in both cases COMMON ORDER The accused 1 and 2 are the revision petitioners herein. The Criminal revisions are filed against the judgment of conviction and sentence imposed on the petitioners dated 24.8.2004 made in C.C.No.6 and 354 of 2000 on the file of the Judicial Magistrate No.III, Erode as confirmed in the judgment dated 10.5.200....

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.... the above cheques after receiving valid consideration. 4. The contesting accused have among other grounds seriously objected to the maintainability of the complaints on the ground that there is no endorsement on the back side of the cheques in question by M.R. Murugesan to treat the complainant as holder in due course and mere signature of M.R. Murugesan will not amount to due endorsement. Bot....

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....in the issue involved is directly dealt with. In the cases above cited, the complaint is filed by the person claiming himself as holder in due course whereas endorsement found in the cheque was blank endorsement and the original lender was not examined as witness on the side of complainant and under such circumstances, our High Court is of the view that "holder in due course means any person who f....

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.... before it becomes overdue and he must be a transferee in good faith and another important condition is that the transferee namely the person who for consideration became the possessor of the cheque should not have any reason to believe that there was any defect in the title of transferer". 7. In the present case also, there is no endorsement found in the document and the passing of considerati....