Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was not presented for encashment within stipulated six month period as outlined by S.138 of the Act - More so, evident alteration of cheque's date undermines complaint's viability, irrespective of whether original or altered date is taken into consideration - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Signature of accused over date column - Accused never denied his signature above the date column of cheque - Trial Court rightly observed that accused acknowledged correction of the date i.e. year of cheque - Alteration does not disentitle complainant from negotiating the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not dispute drawing of cheque and his signature thereon - He alleges that there is alteration in date of cheque so as to bring it within validity period - However, nothing has been brought on record to show that there was no legally enforceable debt - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque wrongly mentioned in notice - It does not amount to material alteration or other aspects of validity of cheque - It does not adulterate the rights of complainant under the cheque - Acquittal set aside - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, 20, 87 -- Dishonour of cheque - Material alteration - Contents of cheque - Expert opinion - Signatures when admitted then contents of cheque cannot be disputed - Drawer of cheque can give a blank cheque being filled up subsequently - Difference in the handwriting or ink pertaining to material particulars filled up in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank or incomplete cheque - Alteration therein - Held, it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for holder to fill up blanks and specify amount therein - This does not amount to any alteration in cheque if cheque was not initially signed and issued for..........
Negotiable Instruments Act, 1881, Section 138,87 -- Dishonour of cheque - Alternation in date - It is material alteration - Material alteration renders the instrument void if it is not with consent of both the parties or was made by drawer - No such evidence - Accused acquitted...........
