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...JUDGMENTThe learned Trial Judge has held that cheques were dishonoured on the ground that there was material alteration of the dates. The learned Trial Judge on careful...dishonoured on the ground of material alteration.4. This Court on reconsideration of the matter and also after going through copies of dishonoured cheques, is satisfied that cheques...materially altered. Therefore, what has been stated in the afore stated judgment is not applicable to the facts of this case. In view of material alteration of cheques as afore stated, it is hardly...
...customers and to extort punitive charges in the name of alteration of cheques when factually they use the Express Cheque Clearing System and that the CTS system was to roll off in the month of June 2021...the complaint filed by him that the private sector banks misuse the system for harassment of customers and to extort punitive charges in the name of alteration of cheques , when in fact they use the...(Opposite Party No.1). (iii) That the ICICI Bank(Opposite Party No.1) rejected the cheque as there was an alteration done to the letter L of LacerdaCare. The cheque bore the stamp of...
...material alteration of cheques, he had been issued various cheques by the second defendant-South Central Railways, for a total sum of Rs. 66,00,000/-. The further details set-forth in the plaint are not...The Judgment of the Court was delivered byD.S.R Varma, J.:— Heard the learned Standing Counsel appearing for the petitioner in C.C.C.A M.P No. 350 of 2007 and the appellant...in C.C.C.A (SR) No. 6808 of 2007-Charminar Co-operative Urban Bank Limited and the learned Standing Counsel appearing for the first respondent in both the C.C.C.A M.P No. 350 of 2007 and C.C.C.A (SR...
....(ii) Material alteration has been done in the cheques to extend the period of limitation.(iii) Originally a case in C.C No. 617 of 1996 was pending on the file of the...based on the alteration of the year made in the cheques pursuant to filing of the present complaint on the face of it, is unsustainable in law.(v) The respondent/complainant without...the cheques and it is a material alteration as contemplated under Section 87 of the Negotiable Instruments Act and by...
...a change of date is a material alteration which affected the interests of the respondent. It is held that the respondent not being a willing party to the said alteration, the cheques were void as...to present the cheques after a period of three months.5. The cheques were again presented on 18-7-1996 and were dishonoured. A legal notice dated 8-8-1996 was served upon the...period of a cheque is only 6 months. It was held that the validity period of all the 8 cheques had already expired by October 1995, and then held that once the validity period was over, the cheques...
...judgment under appeal, acquitted the accused of the charge levelled against him principally on the ground that there has been alteration of the date of the cheques in question as is evident from...Magistrate that there has been alteration of the date of the cheques is without any basis and in the absence of any acceptable evidence in this regard, the learned Magistrate has committed serious error...alteration of the dates of the cheques, therefore, the findings recorded by the learned Magistrate in this regard are highly perverse. He further contended that in view of the fact that the ...
...purchase shares along with aforesaid two cheques. Cheque dishonour memo were also sent in which the reason for dishonouring the cheques was shown as alteration in digits of amount mentioned and in date...cheques due to alteration in figures. The District Commission failed to consider that in both disputed cheques there is difference in only first figure 2 of Rs.25,000/- and that is too small. Except it...lines of Reserve Bank of India. If there was some alteration in the cheques, the Axis Bank could not
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have accepted...
...statutory notice, there was no whisper regarding alteration of dates and only in the complaint, it was stated that the accused were not able to make the payment within due dates and therefore, they extended the period by altering th...7.10.1998 Ex.P.10 was altered from 11.4.1998 to 7.10.1998 Ex.P.11 was altered from 20.4.1998 to 16.10.1998 In the statutory notice, there was no mention about the alteration of dates in the Cheques by...claim to be a holder in due course and maintain any action. Hence, Point No. (i) is answered against the appellant.7. Point No. (ii):- Admittedly, the date of cheques were altered. As stated supra, the appellant did ...
...whisper regarding alteration of dates and only in the complaint, it was stated that the accused were not able to make the payment within due dates and therefore, they extended the period by altering the dates in the Cheques...8.4.1998 to 5.10.1998 Ex.P.8 was altered from 13.4.1998 to 9.10.1998 Ex.P.9 was altered from 15.4.1998 to 12.10.1998 In the statutory notice, there was no mention about the alteration of dates in the Cheques by...cheques were altered. As stated supra, the appellant did not state any thing about the alteration of the dates in the notice and only in the complaint it was stated that the dates were altered at the...
...with self same prayer, respectively to send the disputed cheques, which are contained material alteration by tampering the blank signed cheques of the accused given to the complainant each by mentioning...decipher of the factum of material alteration to the defence of the accused that cheques are not supported by legally enforceable debt or sufficient consideration.
2...thus the cheques are supported by consideration and it is not a material alteration respectively made by the complainant, but for at the time of giving and as such there is no any necessity to send...
...with self same prayer, respectively to send the disputed cheques, which are contained material alteration by tampering the blank signed cheques of the accused given to the complainant each by mentioning...decipher of the factum of material alteration to the defence of the accused that cheques are not supported by legally enforceable debt or sufficient consideration.
2...thus the cheques are supported by consideration and it is not a material alteration respectively made by the complainant, but for at the time of giving and as such there is no any necessity to send...
...material alteration, without signatures of the drawer, in the original dates written in the cheques. Sec. 87 deals with effect of material alteration in the cheque and provides that any material...perused the judgment and order impugned.
3. In all four cheques were allegedly issued by the accused-respondent in favour of the petitioner-complainant. On dishonour of first two...cheques, the accused-respondent was held guilty for the offence punishable under Sec. 138 of the Act, 1881. The remaining two cheques No. 018792 and 018793, when presented to the bank, were dishonoured...
...short answer is in my view, the alteration of the dates of the cheques which became invalidated due to the expiry of the stipulated period, which is material, cannot be permitted under law to make them...case of the complainant, the respondent herein is as follows:-“The accused having business dealing with the complainant firm issued the eight cheques bearing various dates from 9.4.1995...to 30.4.1995 to the tune of Rs. 4,00,000/- in favour of the complainant firm towards the discharge of liability. On 15.5.1995 the complainant presented all the cheques, but the same were returned...
...before the Hon'ble Supreme Court. On an appeal, High Court ordered conviction of the appellants under Section 138 of the Act holding that the figures of amount of cheques were supported by figures written ...appellants that the criminal proceedings are attracted on account of dishonour of cheques issued to discharge the liability and not for cheques issued as security. No convincing reasons given on alteration...was also that the respondents were alleging that figures on the cheques were altered by the respondents and that cheques were given as a security. Magistrate dismissed the complaint of the respondents...
...bank or in the case of a company by the company changing the mandate of those authorised to sign the cheques on its behalf. Such changes or alteration in the mandate may be dishonest or fraudulent and...signatures of its authorised signatories several post-dated cheques towards the payment of the amount aforementioned. Several of these cheques (one hundred and seventeen to be precise) when presented...informed the respondents about the dishonour in terms of a statutory notice sent under Section 138 and called upon them to pay the amount covered by the cheques. It is common ground that the amount...
...considered as older than the ink used for filling up the impugned cheques and that would draw the material alteration of the cheques and therefore, it is important that those cheques should have been..., those filling up of the cheques in respect of the amount and the date would be amounting to material alteration. Therefore, he would insist in his argument that the lower Court ought to have ordered those....115 of 2008 seeking for appointment of an Advocate Commissioner to send the disputed cheques to the Forensic Science Expert for examination. The first appellate Court has, after considering the...
...forthcoming from the defendant. Yet, the plaintiff presented the cheques. Taking a prima facie view, there was no consent to the alteration in the dates and the presentment of the cheques on behalf of the...other two cheques were materially altered and, therefore, taking a prima facie view, a plausible and reasonable defence has definitely been raised as to what would be the effect of such alteration. It is...a matter of trial which would ultimately decide as to whether such alteration would have the effect of rendering the two cheques to be void or not. Certainly, at this stage taking a prima facie view...
..., forgery and alteration in respect of cheques, drafts etc. It received a draft bearing No.838141 dated 24.10.2013 for sum of Rs.7 lac in favour of Ravi, issued by Punjab State Cooperative Bank, SCO 175...specific plea has been taken by OPs in their written reply that the policy did not cover forgery, alteration in respect of cheques drafts and dishonesty of other types. On the receipt of intimation ...that there was material alteration in the draft far committing the fraud of Rs.7 lac, which could not be detected with naked eyes. Sh. Rajesh Singla, Inquiry Officer submitted the enquiry report that...
...appellant's counsel, the opinion of the Expert regarding alteration of the date is only an opinion and it has to be substantiated by other evidence and, the accused do admit the existence of a commercial transactio...dispute that the cheques were issued by the accused to the complainant. When it is the opinion of the Expert that there is material alteration, at whose instance it has happened is not made clear even in...had also issued a cheque for Rs. 3 lakhs and two cheques for Rs. 2 lakhs each towards discharge of liability. According to the complainant, the accused had assured that the cheque would be honored on...
...concerned Bank with an endorsement of ‘Alteration in date and drawer's signature differs”. The Statutory notices issued by the complainant to the petitioner herein returned with an endorsement of “not claimed”. As the amoun...various cheques involved in these matters are returned with an endorsement of “Alteration in date and drawer's signature differs”. The original dates mentioned in all the cheques involved in these cases...cheques are returned by the bank with an endorsement of “Alteration in date and drawer's signature differs”, same will not come within the purview of...