9911796707
TMI Blog2017 (8) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The learned counsel for the petitioner has submitted that the trial Court ought not to have taken cognizance of the complaint as the complaint is ex facie an abuse of process of court. 4. All the cheques filed along with the complaint are on the face of it forged and materially altered documents. In respect of cheque No. 047887 date of cheque is altered as 01.03.2011 and month '7' is clearly altered. The amount mentioned in cheque No. 047887 is materially altered in respect of cheque No. 047888 the date is clearly altered and before number 1 '2' inserted and month 7 is altered as '3' and there is clearly material alteration in respect of cheque No. 047889 month and date is altered and as such the cheque is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng business and executed a pro-note, agreeing to repay the said amount at interest of 18% per annum and in discharging towards the legally enforceable debt. The four cheques were issued by the petitioner herein and after observing the statutory procedure, private complaint has been filed and taken cognizance and summons are issued to the accused who is a petitioner herein. 10. The learned counsel for the petitioner drawn the attention of this Court, with regard to the four cheques and contended that the month '7' is altered in cheque No.047887. The amount is also altered and in respect of cheque No. 047888, the month is altered and in the cheque No. 047889 date is altered. 11. In short, the accused/revision petitioner has rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of material alteration cannot be gone into in quash proceedings without trial. 15. In view of the above discussion, the preceding paragraphs and also the law laid down by the Honourable Supreme Court of India in the above referred decision, 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 and accordingly, this Court answers the point in negation against this petitioner and this Criminal Original Petition held to be devoid of merits and accordingly, this Criminal Original Petition is dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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