that cheque pertaining to State Bank
of Mysore has been returned with an endorsement that the
cheque is a stale cheque or invalid cheque. However ... prove their contention that the cheque was dishonoured
not for insufficiency of funds but for stale cheque or invalid
cheque. Therefore, the petition is devoid
cheque. In the light of the vehement
denial of the execution of the cheque by the accused, it was
in fact a cheque for only ... risk, since the
material alterations would straight away invalidate the
cheque in question. The Court below having expressed this
finding cannot be found fault with
writing the year as "2007" invalidates
the cheque. Though the question of alleged material alteration
was not the question discussed in the said ... cheque, has not stated
that, there is any material alteration in the instrument, it cannot
be held that the cheque was invalid and ineligible
there was a correction
and the same was invalid Cheque and even though not led
any defense evidence and the very admission given
bill of exchange and
cheque. Cheque is defined under Section 6 of the Act
as under:
"6. A cheque is a bill of exchange ... that effects the very
nature of the cheque would be a material alteration
that renders the cheque invalid. In the given case
learned trial Judge
cheque may have been filled in by any person
other than the drawer, if the cheque is duly
signed by the drawer. If the cheque ... cheque
is towrads a legally recoverable debt. When the holder of
the cheque specifically asserts that the accused has issued
a cheque
defences. Since
issuance of cheque to complainant was admitted, although as a
postdated signed blank cheque, trial Court referred to ratio in
Rangappa ... complainant had
filled particulars regarding amount etc., would not by itself
invalidate cheque. Trial Court also observed that there was due
compliance with requirements
corner of the cheque which restricts further
negotiability. The alteration of what is wrongly mentioned
in the cheque certain times invalidate the cheque and thus ... connection with date, in order to validate
an invalid cheque; in altering the name of the drawee or
the payee, amount and other aspects regarding
amount and other particulars. This in itself would not
invalidate the cheque. The onus would still be on the
accused to prove that the cheque ... Apex Court has given finding that the same
itself would not invalidate the cheque, the question of
sending the document for hand writing experts does
cheque is invalid and does not constitute a valid legal tender in
terms of the prevailing RBI guidelines.
6.2 In the alternative, learned counsel submits ... endorsement 'insufficient funds'. Had the cheque been invalid,
the Bank would not have returned it on that ground.
8. Insofar as the submission
