K.A. Ananda vs Gangadhara. Criminal Appeal 1191/2011 decided on 3 November 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348769/1/CRLA1191-11-03-11-2020.pdf
Relevant paragraphs: 13 & 14. Negotiable Instruments Act are three in numbers- Promissory note, bill of exchange and cheque. The very commencement of the word in the definition states that cheque is a bill of exchange. As a matter of provision of law even certain gaps are permitted to be filled in by the drawee so long it does not cause prejudice to the drawer in the matter of date, amount, signature and related. In this connection any part of alteration that effects the very nature of the cheque would be a material alteration that renders the cheque invalid.
15. The plain reading of Section 20 of the Negotiable Instruments Act reveals that the instrument may be either wholly blank or having written thereon an incomplete negotiable instrument. Thus, even if a blank promissory note is given it cannot be taken as a defence to avoid a decree based on such instrument, once it is found that the document produced before the court satisfies the requirements of a promissory note within the meaning of the Act. In this connection I am guided by Judgment of this court in the case of H.Maregowda Vs Thippamma reported in AIR 2000 Kant 169.
Appeal allowed. Accused convicted.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 