2017 (8) TMI 1707 - HC - Indian Laws

Dishonour of Cheque - cheques filed along with the complaint are on the face of it forged and materially altered documents - plea of material alteration in the cheque can be canvassed and gone into the quash proceedings or not - HELD THAT - The accused/revision petitioner has raised a plea that the cheque-in-issue suffers from material alteration in respect of date in few cheques and month in few cheques and amount in few cheques. It is to be stated that though the amount in figures as stated above, but the amount in words are clear. Further, whether the date and month has been altered or not? Whether it is altered by the drawer of the cheque or by the complaint is matter for fact that can be gone into only during trial. Alteration was made by the drawer himself or whether it was made with consent of the drawer, it requires evidence to prove petitioner's contention had no legally enforceable debt is to be paid or not is a question of fact which needs to be proved and determined at trial by way of evidence - The decision in Apex Court in VEERA EXPORTS VERSUS T. KALAVATHY 2001 (11) TMI 934 - SUPREME COURT wherein it was held that revalidation of the Negotiable instrument is a material alteration which fact has to be established by the way of evidence at the trial and the same cannot be determined on the mere assertion of the accused. Hence no case for quashing of the summoning order is made out in the present case. In the instant case, it is only the assertion made by the petitioner that he did not made correction the cheque as he owed no legal liability towards petitioner. This fact needs to be ascertained by way of evidence and the same can be done at the trial and not in a petition under Section 482 Cr.P.C. The veracity of the plea of material alteration cannot be gone into in quash proceedings without trial. This Court has no hesitation to come to the conclusion that alleged material alteration in date and amount in the chequein-issue cannot be gone into at this stage under 482 of the Cr.P.C and the same can be gone into only by the trial Court by adducing appropriate evidence and expert evidence if need be - Petition dismissed.

Summary

Issues:
Challenge to quash the complaint in C.C. 37 of 2012 on the grounds of material alteration in cheques.

Analysis:
The petitioner sought to quash the complaint in C.C. 37 of 2012, alleging that the cheques filed were forged and materially altered. The petitioner argued that the complaint was an abuse of the court process due to the alterations in the cheques. The total amount mentioned in the cheques exceeded the alleged borrowed amount, and the dates and amounts on the cheques were altered. The petitioner requested the quashing of the complaint based on these grounds.

The respondent, on the other hand, contended that the accused had borrowed a sum of money for business purposes and issued cheques towards repayment. The respondent claimed that after the cheques bounced, a complaint was filed following the statutory notice under the Negotiable Instruments Act. The respondent opposed the quashing of the complaint, stating that the petitioner's plea of material alteration needed to be addressed during trial.

The main issue before the court was whether the plea of material alteration in the cheques could be considered in the quash proceedings. The court analyzed the arguments presented by both sides. The respondent's case was based on the borrower-creditor relationship and the issuance of cheques towards repayment. The petitioner raised concerns about alterations in the cheques, including changes in dates and amounts.

The court emphasized that the determination of material alteration and legal liabilities required evidence and factual examination during trial. Referring to a Supreme Court decision, the court highlighted that issues of alteration in negotiable instruments needed to be proven through evidence and could not be decided based solely on assertions. The court concluded that the plea of material alteration could not be addressed in the quash proceedings and should be examined during trial with appropriate evidence.

In light of the arguments and legal principles, the court dismissed the Criminal Original Petition, stating that the alleged material alterations in the cheques could only be assessed during trial with the presentation of evidence. The court clarified that the veracity of the petitioner's claims needed to be established through a trial process, and the petition lacked merit for quashing the complaint.