would amount to material
alteration. The general rule is that a material
alteration renders the negotiable instrument void.
However, if an alteration is made with ... cheque was
materially altered at the time of presenting it for collection. Only on account
of that material alteration the cheque could be said
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
committed any serious error in
holding that the disputed cheque is materially altered and
thereby accused is acquitted for the offence punishable
under Section ... entire materials on record, the trial Court has
acquitted the respondent on the ground that the cheque has
been materially altered.
4. Though
argued that even if cheque in
question has been changed from non MICR to MICR ,it was not material
alteration .He has relied upon ... respondent has argued that, forgery has been
committed and on his cheque material alteration has been done in order to
cheat
cheque. Insofar as
issuance of cheque is admitted by DW1 also. The only
contention which has been contended is that there is
material alteration ... learned counsel for the petitioner/ accused that
there is a material alteration of cheque Ex.P1, cannot be
accepted.
11. Leave apart that
filed by the revision petitioner/accused that there have been material alteration in the cheque, which was issued by him to the complainant ... stand taken in the discharge petition, submitted that the cheque has been materially altered and as such, the complaint is not maintainable. It is also
cheque was given to him for security
purpose. The amount borrowed was discharged. But, however, the cheque
was misused and presented by making material alteration ... case of the accused that the
cheque was materially altered. In this regard, he would draw the attention
of this Court to the reply notice
material alteration in the cheque.
According to the respondent, the year that is mentioned in the
cheque as 96 has been altered. That apart ... cheque has
come to a conclusion that there is material alteration in the
cheque and hence, the matter was remanded back to the file
which came for collection
they have found that there is material alteration in the cheque and
insertion of 3 before Rs.20,000/- caused doubt ... cheque for discharge of
enforceable debt, presentation of the cheque for collection, bouncing of
the cheque for want of fund, demand for pay the cheque
which came for collection they have
found that there is material alteration in the cheque and insertion of 3
before Rs.20,000/- caused doubt ... cheque for discharge of enforceable
debt, presentation of the cheque for collection, bouncing of the cheque for
want of fund, demand for pay the cheque
