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TMI Blog2001 (11) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... Sudhinder and Rajesh Kumar for the Appellant. K. Shivraj Choudhary and Dr. R. Prakash for the Respondent. JUDGMENT Variava, J. - Leave granted. Heard parties. 2. These appeals are against the judgment of the Single Judge of the Madras High Court by which the criminal proceedings launched by the appellant under section 138 of the Negotiable Instruments Act, 1881 ('the Act') have been quashed. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quested the appellants to present the cheques after a period of three months. 4. The cheques were again presented on 18-7-1996, and were dis- honoured. A legal notice dated 8-8-1996, was served upon the respondent. The respondent, by her reply dated 23-8-1996, alleged that she had been forced to change the dates against her Will. She also took up some other contentions. The appellant then filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheques for another 6 months. It is held that in law, a cheque which has become invalid because of the expiry of the stipulated period could not be made valid by alteration of dates. 7. In our view, this reasoning is entirely fallacious. There is no provision in the Negotiable Instruments Act or in any other law which stipulates that a drawer of a negotiable instrument cannot revalidate it. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o consents to the alteration as well as the party who made the alteration are disentitled to complain against such alteration, e.g., if the drawer of the cheque himself altered the cheque for validating or revalidating the same instrument, he cannot take advantage of it later by saying that the cheque became void as there is material alteration thereto. Further, even if the payee or the holder of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat this is a question of fact. This is a fact which will have to be established on evidence during trial. At this stage, the High Court could not have quashed the complaint merely on the basis of an assertion in the reply. 10. Under the circumstances, the impugned order is set aside. The petition filed by the respondent stands dismissed. The Judicial Magistrate II, Karur shall now proceed with t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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