The drawer’s consent is not necessary for alterations to the body of a blank signed cheque, but such alterations should not exceed the amount originally covered by it: Karnataka High Court
Case: H B Bhagyalakshmi AND Cheluvamma
Coram: Justice S Rachaiah
Case No.: Criminal Appeal No 2104 OF 2018
Court Observation: “On reading of the above said provision, it makes it clear that where one person signs and delivers to another a paper stamped in accordance with law relating to negotiable instruments either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. Once the authority is given to the complainant, it cannot be said that it is materially altered.”
“In the present case, the complainant has stated that she has paid Rs.2,50,000 to the accused and also further stated that to clear the loan, the accused has issued a cheque. On the other hand, the accused has admitted that she has issued a blank cheque and also further stated that the amount of Rs.1,50,000, was filled by the complainant in her presence and subsequently, number ‘1’ has been changed to number ‘2’ and made it as Rs.2,50,000. However, on careful perusal of Ex.P1– cheque, it appears that the amount mentioned in the number might be seen as altered, however, the amount mentioned in the word is not altered. Therefore, it cannot be said that the cheque is materially altered in respect of the amount.”
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Keywords
The drawer’s consent, blank signed cheque
