Supreme Court of India

Bir Singh v Mukesh Kumar

(2019) 4 SCC 19720191 min read
The case in brief30-second read
Facts
The drawer of a dishonoured cheque argued that he had given a signed blank cheque and that the payee, his tax consultant, had filled in the amount and other particulars.
Issue
Whether a signed blank cheque filled in by the payee attracts the S.139 presumption.
Held
A person who signs a cheque and hands it over is liable unless he proves that it was not given for a debt or liability. Filling in the particulars of a signed blank cheque does not invalidate it, and the S.139 presumption applies. A fiduciary relationship between the parties does not by itself displace the presumption.
Principle
A voluntarily delivered signed blank cheque attracts the S.139 presumption even if the payee fills in the details.
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Facts

  • The drawer of a dishonoured cheque argued that he had given a signed blank cheque and that the payee, his tax consultant, had filled in the amount and other particulars.

Issue

  1. Whether a signed blank cheque filled in by the payee attracts the S.139 presumption.

Held

  • A person who signs a cheque and hands it over is liable unless he proves that it was not given for a debt or liability. Filling in the particulars of a signed blank cheque does not invalidate it, and the S.139 presumption applies. A fiduciary relationship between the parties does not by itself displace the presumption.

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Citation

Bir Singh v Mukesh Kumar (2019) 4 SCC 197

Reported: https://indiankanoon.org/doc/157736723/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.