9911796707
TMI Blog2011 (12) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... .I. Act'), the Court below upon adjudication has acquitted the respondent accused, finding him not guilty for the offence charged. 3. The case of the appellant complainant, as made out in the complaint petition filed by the complainant M/s Goyal Enterprises, is that the complainant is engaged in business of steel materials and it supplied steel materials on credit to M/s Everest Electrical and Engineering Company Pvt. Ltd, pursuant whereto, the accused Ishta Narayan Mishra, being the Managing Director of the said company had issued two account payee cheques in favour of the complainant, bearing cheque No. 0956555 for Rs.51,044/- and cheque No.0956556 for Rs.1,10,115/-, both of which were issued on 14.9.2000, drawn upon State Bank of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case as Exhibits 2 and 2/1, it appears that there are interpolations in the date of the cheques. The cheques are dated 14.9.2001 and bare perusal of cheques shows that there are overwritings on the figure '4' and the month '4' have been overwritten and made '9' in both the cheques. There is no signature or endorsement of the drawer of the cheques on the overwriting on either of these cheques. 7. Learned counsel for the appellant complainant submitted that all the statutory requirements were completed before filing the complaint case, in as much as, the cheques were deposited in the Bank within the due date and upon getting the information about the dishonour of the cheques, the notice was given to the respondent acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Veera Exports Vs. T. Kalavathy, reported in (2002) 1 SSC 97, wherein it has been held that there is no bar against voluntary revalidation of a negotiable instrument (including a cheque) by the drawer after the expiry of its validity period. Placing reliance upon this decision, learned counsel submitted that even though there were overwritings on the dates of the cheques, it shall only amount to revalidating the cheques. 9. In the case of Veera Exports (supra) the change of the date on the cheque was under endorsement of the drawer of the cheque, but in the present case there is no endorsement or signature of the drawer of the cheques under the overwritings on the dates. This apart, it is not at all the case of the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st any one who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties; *** 12. Section 87 of the N.I. Act is a mandatory provision and in this view of the matter, the cheques which were materially altered before production in the Court and without any evidence to the effect that how the said alterations in the cheques were made, were absolutely void and the accused could not have been found guilty of the offence u/s 138 of the N.I. Act on the basis of the said void cheques. In view of this finding, the other arguments made by the learned counsel for the appellant now remain only of academic importance, which need no furth ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
