Negotiable instrument Act S.138. "Complainant is not Holder in due course"

Jitendra Raval (Querist) 06 April 2009 This query is : Resolved
In my case the complianant is not the 'Holder in due course' of the cheques numbers involved the the complaint filed against the accused. The Holder of the insrument was not entitled to fill up his name or alter the basic of the cheque.

Kinly quote the caselaws where the accused was released because of above mentioned reason.

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Kiran Kumar (Expert) 06 April 2009
will u pls explain how he is not 'Holder in due course' and what type of alterations have been made in the cheques.

adv. rajeev ( rajoo ) (Expert) 07 April 2009
Holder in due course must prove that how he is entitle to file a complainant. If he is not holder in due course he cannot file a complainant. So many judgements have come.

n.k.sarin (Expert) 08 April 2009
I think your query is not clear need some more detail for appropriate answer.If the complainant is not a 'holder in due course',complaint is not maintainable.

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