Civil Procedure Code (CPC)

un named cheque

This query is : Resolved 
 


Querist : Anonymous (Querist)
31 July 2010

i had business transactions with X and X gave me 5 cheques. All filled the amount and date and signed. but bearer column left blank. Shall i fill my name and deposit?


Y V Vishweshwar Rao (Expert)
31 July 2010

The Name of the Payee shall be written by the person issuing the Cheque , otherwise he may take a stand that the Cheque is not issued to you and the writing in the payee colomn is not that of him and that the cheque is manipulated . Ask the person to write your name in the Cheeque, there by you will be the title holder /payee, under the Cheque.

DEFENSE ADVOCATE.-firmaction@g (Expert)
31 July 2010

We have filed a extortion case in similar matter when name and date was written later.

Law is a double edged sword.

Raj Kumar MakkadOnline (Expert)
31 July 2010

Yes sir ji.

Devajyoti BarmanOnline (Expert)
31 July 2010

If the drawer of the cheque does not get dispute then there is no problem in its encashment. It is no pre requisite to fill the name of the drawee by the drawer of the cheque himself but if the cheque is dishonoured and a cheque bouncing case is filed the drawer may take the opposite plea.

Rajeev kulshreshtha (Expert)
31 July 2010

Yes,you can fill your name and deposit. Because u/s 20 of negotiable instrument act if one person gives a negotiable instrument after signing than it will be presumed that he thereby gives prima-facie authority to the holder thereof to make or complete it and the person so signing shall be liable upon such instrument.

Neeraj Arora (9897136755) (Expert)
31 July 2010

I also agree with Mr. Rajeev kulshreshtha.


Querist : Anonymous (Querist)
01 August 2010

is there any citation supporting your view Rajeev sir?

Rajeev kulshreshtha (Expert)
01 August 2010

P.Talamalai Chetty vs. Rathinaswamy cited in AIR 1998 Mad 23 and Mysore State Road Transport Corporation vs Somashankar cited in AIR 1982 Karn. 227(DB)

s.subramanian (Expert)
01 August 2010

yes.rajeev is right.

M/s. Y-not legal services (Expert)
05 December 2010

Yes you can fill your name. Same time its give a good stand for the accused. Even as per one of above expert's word law is a double edged sword. Section 20 of n.i act wil stand as favour to you



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x