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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Abhay J.Mantri
Millind Chandrakant Kulkarni – Appellant
Versus
Shivaji Kisanrao Kadam – Respondent
JUDGMENT :
Abhay J. Mantri, J.
1. Heard. Rule. Rule is made returnable forthwith and heard finally with the consent of the learned advocates for both parties.
2. The petitioner/complainant being aggrieved by the impugned judgment and order dated 18-06-2025, passed by the learned Additional Sessions Judge, Latur in Cri Revision Application No.65 of 2024, whereby allowed the revision and quashed and set aside the order dated 27-05-2024, passed by the learned JMFC, Latur below Exh.97 in SCC No.468/2016 whereby rejected the application of the accused for sending the cheque in question to the Handwriting Expert.
3. The learned advocate for the petitioner submitted that the respondent does not dispute the issuance of the cheque and the signature thereon. But he is only disputing the handwriting in the cheque, and for that purpose, it is not necessary to send the cheque to the Handwriting Expert. As per section 20 of the Negotiable Instruments Act [for short ‘N. I. Act’] when the person who issued the cheque by signing the instrument, in that case, the payee has the authority to fill up the same to complete the instrument. Therefore, for that purpose, it is not necessary to send the cheque to
A cheque signed by the drawer authorizes the payee to complete the instrument, affirming liability unless disproven. The court emphasized the presumption of consideration under the Negotiable Instrum....
The admission of the respondent's signature on the cheques made the appointment of a handwriting expert unnecessary.
The accused has the right to rebut the presumption of a legally enforceable debt and must be granted an opportunity to adduce evidence in rebuttal, including the examination of a handwriting expert.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
The liability of the drawer of a cheque and the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act.
The drawer of a cheque authorizes the holder to fill-up the other entries, and the penal provisions of Section 138 of the Negotiable Instruments Act would be attracted if the cheque is otherwise vali....
The authority of the holder in due course to complete stamped instruments and the lack of a mandate for the drawer to fill up the entire instrument by himself.
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