alteration in cheque - Issuance of
undated cheque by drawer - No
dispute regarding signature, name
and amount shown in cheque -
Insertion of date in cheque ... defined "Material alterations" at
page 950, as below:
"An alteration is material, which in any
way alters materially or substantially the operation
Negotiable Instruments, reads as under:-
87. Effect of material alteration.--Any material alteration of
a negotiable instrument renders the same void as against ... called material alteration. All
material alteration must have drawer's approval with his full
signature (not initials) where the alteration are made
amount to material alteration.
16. The general rule is that a material alteration renders the negotiable instrument void. However, if an alteration is made with ... course would amount to material alteration rendering the instrument void. In fact, there is no material alteration. When a cheque is admittedly issued with
account of material
alteration. The trial court accepted this plea and found that
material alteration of Ext.P1 cheque was effected by the
complainant ... cheque which was subjected to material alteration and that the
complainant failed to prove that material alteration of the
cheque was done or made
made the
alteration are disentitled to complain against
such alteration, e.g. if the drawer of the cheque
himself altered the cheque for validating ... same being materially altered. It has been asserted that there has
been material alteration by writing two dates on the cheque in
question. In order
altered to
read as ₹4,90,000/-. This constituted a material alteration. Any
material alteration in the cheque will make it bad. The accused ... That will amount to material
alteration. So, I hold that there is a material alteration of
the Exhibit P1 cheque.
16. It was further held
material alteration' rendering the
instrument void. In fact, there is no material alteration when a
Crl.R.P.No.1008/2017
16
cheque ... Negotiable instrument has not given
his consent for such material alteration or such material
alteration was made, otherwise than in order to carry
question is
materially altered therefore it is void and the
complainant cannot entertained any relief based on
materially altered cheque. But on careful perusal ... altered the contents of the
cheque in question, therefore only on the basis of
suggestions made to the complainant stating that,
the cheque was altered
alteration are disentitled to complain
against such alteration, e.g. if the drawer of
the cheque himself altered the cheque for
validating or revalidating ... burden of proving execution
of cheque ie., signature of the accused on the cheque.
Secondly, on account of material alteration, as discussed
material alteration in the Negotiable Instrument
reads thus:
Effect of material alteration.--Any material
alteration of a negotiable instrument renders the
same void as against ... chief has not stated
anything about material alteration. In the cross-examination
he denied the material alteration which is apparent on the
face
