2015 (1) TMI 1471

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....Negotiable Instruments Act, 1881 before the learned Additional Chief Metropolitan Magistrate, Calcutta. In course of trial, the petitioner although admitted his signatures in the cheques, but claimed the name of the payee and the amount of money were not filled up by him. 2. It is submitted by the learned counsel for petitioner that the blank cheques containing only the signatures of the petiti....

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.... the Trial court, without giving any importance to the contention of the petitioner, turned down such prayer. It is submitted the order impugned be quashed and the prayer of the petitioner be allowed. 4. Heard the learned counsel for the petitioner. Perused the impugned order and other materials on record. 5. It appears from a perusal of the records that the order whereby the trial court rej....

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....disputed by the petitioner as that of him, but he claimed that the name of the payee and the cheque amount was not filled up by him. The section 20 of the Negotiable Instrument Act defined such a cheque an "inchoate stamped instrument". According to the said provision, where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instrument, eithe....

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....er delivers to anyone, it authorizes the holder thereof to make or complete the same as the case may be and also the person so signing shall be liable upon such instrument, in the capacity in which he signed the same to any holder thereof in due course for payment of such amount. Therefore, even if a bill of exchange, which includes a cheque, if delivers to any person singed by the drawer, no paym....