Complaint U/S 138 of NI Act

Querist :
Anonymous
(Querist) 25 January 2016
This query is : Resolved
In a case where receipt is given to claim Mediclaim against the signed Cheque by the accused without date and amount, and he fails to pay even after realisation of claim what happens if the holder puts the date n fills the amount? C
an a Complaint sustain b4 the Magistrate?
ROHIT SHARMA
(Expert) 25 January 2016
1. The holder in due course can fill in such details which have had been left blank but the signature of the drawer is endorsed personally by him. Yes, a complaint u/s 138 N.I. Act, can lie before the competent Magistrate in such situation.