What if Mr. X filsl up blank cheque with a type writer?

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved
X has been issued a blank cheque by some one.

X knows that he would have to take help of someone to fill up this cheque before presenting it in the bank and then in the Court.

But X feels that why not fill up this cheque with type writing instead of filling it up with someone's hand writing and claim that it was given to him as it is.

Would he get any benefit in doing so ?

Would he get some harm in doing so ?

Would he get no harm/no benefit in doing so?

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SAANJAAY GUPTAA (Expert) 03 January 2011
See you are going to forge a document by filling it without the consent of the drawer.
Its crime itself.
Now on practical part you can do so and if this point is not raised by accused then no harm, and its accused to prove that he issued blank cheque, afterall in your favour,

Guest (Expert) 03 January 2011
whether it typewritten or hand written the cheque when filed up become a valuable security and a negotiable instrument. The person issued the cheque is liable for the consequences there on. But if he proves that it is manipulated one the holder become liable for criminal offence

Arun Kumar Bhagat (Expert) 03 January 2011
Nothing makes sense whether blank or filled up. If it is given blank then the presumption u/s 20 of The N.I.Act is that he was given right to fill it up. X can himself fill it up.

Querist : Anonymous (Querist) 03 January 2011
I am really confused.

My dear lrd. friends are expressing contrary views.

Logically if a person issues a blank cheque to X, and if X fills the cheque for "n" amount then the person who has issued the cheque is only responsible and X has done no forgery or manipulation but here experts seem to be having different views.

Please help,yet more clarification is needed......

s.subramanian (Expert) 04 January 2011
Mr.Arun is right. Sec.20 of the Negotiablke Instruments Act dealing with inchoate instruments empowers the drawee or the holder in due course of the negotiable instrument to fill the blanks. It is legal and cannot be objected to.

Querist : Anonymous (Querist) 04 January 2011
The question was whether it would make any difference if the cheque is filled up with type writing?

And if the receiver of the cheque, himself can fill up the cheque himself then why in the Courts it is made a big issue that who filled up the cheque?

And if the blank cheque is issued 4 months ago and filled up today--would not it be considered as PDC and PDC do not fall under 138NIA,I understand---please suggest..

Ajay Bansal (Expert) 04 January 2011
There is no diffference if the cheque is typed or hand-written.However before claiming any legal right from that cheque, you have to prove contents of section 139 N.I. act.

Arun Kumar Bhagat (Expert) 09 January 2011
Where from you found that PDC do not fall under 138 NIAct ?

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