...there is material alteration in cheque and date has been overwritten. In addition to this, complainant has not produced the challan to prove that he had presented cheque on the ..., material alteration of date of cheque is visible to naked eye. In the circumstances, the learned trial Judge was justified in acquitting accused. There are no reasons to interfere with the impug...indicating the year found in Ex.P.1 are materially altered. The complainant has contended that cheque was drawn on 31.01.2006. The material alteration pleaded by accused is visible to naked eye...

...Radhakrishnan, J.:— The question that has come up for consideration in this case is as to whether insertion of a date on an undated cheque would amount to material alteration within the...relief on the basis of the said cheque, since he had made material alteration in the cheque. According to him, plaintiff inserted the date on the cheque without obtaining his consent. Ins...the party bound by the deed as originally executed.”14. Alteration of the date in the cheque may be material alteration. Alteration may have the effect of lengthening the ...

.... Radhakrishnan (1996 (1) KLT 881) had considered whether the putting of the date in an undated cheque subsequent to the issue of the same when there was no dispute regarding consideration, signature, a...for valid consideration, with no dispute regarding signature, amount and name, it cannot be said that putting a date on the cheque by the payee who is the holder of the cheque in due course would amount to ...judgment the Division Bench further held:“Alteration of the date in the cheque may be material alteration. Alteration may have the effect of lengthening the period of limi...

...‘7’ is clearly altered. The amount mentioned in cheque No. 047887 is materially altered in respect of cheque No. 047888 the date is clearly altered and before number 1 ‘2’ inserted and month 7 is altered a...regard to the four cheques and contended that the month ‘7’ is altered in cheque No. 047887. The amount is also altered and in respect of cheque No. 047888, the month is altered and in the cheque ...hesitation to come to the conclusion that alleged material alteration in date and amount in the cheque-in-issue cannot be gone into at this stage under 482 of the Cr.P.C and the same can ...

...contentions that he has not issued any cheque and there is material alteration in the cheque in respect of date and denied the legal liability. After considering the arguments, the learne...for the respondent argued that the accused taken 3 grounds in the cross examination of the PW.1-complainant. First of all he has denied the issuance of cheque, date of the cheque and also signature though, the comp...signature and handwriting in the cheque. The accused also taken the contention that there is material alteration in the year of the cheque from 1998 to 2002, the same was denied. However, PW.1 adm...

...made in the negotiable instrument then the same renders it void. Apparently, the year in the cheque in question has been altered with. The same is not signed by the person, who had issued the cheque. The a...material alteration of the date of the cheque, the Courts below erred in ordering the conviction and sentence of the petitioners. In fact, the complaint was liable to be dismissed as the basis of ...failed to point out that there was any material alteration in the cheque in questionAfter hearing learned counsel for the parties, I am of the opinion that the present petition deserves...

...cheque has not been issued. It is his only case that plaintiff has put the date, and that would amount to material alteration. Alteration of the date in the cheque may be ...that the accused permitted to make the alteration of the date in Ext.P1 Actually the case of the complainant is that there was no material alteration effected after getting the cheque in ...are subject to those of sections 20, 49, 86 and 125.”5. PW1 was cross-examined on this point. The definite suggestion put to PW1 was that the cheque in question originally bore a date...

...ascertain, whether the name, amount and date are put in the cheque, by way of material alteration. It is pertinent to note that the petitioner herself admitted the signature in the disputed ...material alteration.5. That apart, the nature of material alteration, which is said to have been made by the respondent is not specifically disclosed in the application. Therefore, no purpos...else, by way of material alteration in the cheque.2. Thereafter, the petitioner filed the above Interlocutory Application for sending the cheque for expert opinion in order to...

...judge which is the final court on facts, re-appraised the evidence on record and found Ex.P2-cheque was with material alteration in the date Having examined the defence of the accused in the light...there is also an unclear statement as to what was the legally enforceable debt or liability. Learned appellate judge has noticed Ex.P2-cheque had material alteration in the date.11. Learned.... Besides, the learned appellate judge also noticed material alteration in the cheque which was not disputed. Therefore, disagreeing with the finding of the trial court, he reversed it and granted clear...

...altered was not considered by the trial Court as an important circumstance whereas the learned appellate Judge has perused Ex.P1-cheque and found it contains material alteration in the date. ..., learned Judge held that though giving a blank cheque was legally permissible and the complainant could have filled it up, material alteration was something different. The learned Judge was right in noticing...or was made by the respondent himself. In the absence of any such evidence, it amounts to material alteration which renders the cheque unenforceable in this fact situation, the opinion of the learned...

...the Forensic Science Department to find out any material alteration in the date and year of cheque at the fag end of trial. However both sides conceds that it is clearly visible to the naked eye. But...appreciate the oral and documentary evidence of the parties with regard to the alleged material alteration if any in Ex.P1 in respect of the date and year of issue of cheque. Hence, I am of the op...Trial Court to send the cheque to the handwriting expert for his opinion as to the material alteration found in the cheque. The Trial Court dismissed the said petition. Criminal Revision 239 of 2005 was...

...by a division bench of this court in bhaskaran chandrasekharan v. Radhakrishnan, it was held that alteration of the date in the cheque may be material alteration. In this case th...that there is material alteration in ext. P - 1 cheque. It is contended that originally the figure written in the cheque was rs. 25,000/ - and the figure "1" was added subsequently. It is argued t...subsequently written. Since the accused had no case that "0" was also subsequently added; the contention that there was material alteration in the cheque was rejected. (6) The learned...

...Bhaskaran Chandrasekharan v. Radhakrishnan (1998 (1) KLT 881) it was held that alteration of the date in the cheque may be material ...compensation.4. The learned counsel appearing for the revision petitioner has argued that there is material alteration in Exhibit P1 cheque. It is contended that originally the figure written ...of the figure written in a cheque subsequently without the knowledge of the drawer is a material alteration which makes the document void. It is argued, that once the negotiable instrument is found to...

...be said that by putting a date on the cheque by the payee who is the holder of the cheque in due course would amount to material alteration rendering the instrument void. When cheque is a...has been written not by the drawer but by somebody else or by the payee and tried to get it encashed. We are of the view, by putting the amount and the name there is no material alteration on the cheque under ...name as well as the amount should be written by drawer himself. In the instant case Bank has never found that the cheque was tampered with or forged or there is material alteration or that the...

...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 consideration of cheque ...cheque 9.7.2006 has been over written to make it appear as 19.7.2008 Similarly, in Ex.P2, the date of cheque 10.7.2006 has been over written to make...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...

...been wrongly misused by the complainant by making material alteration in the date and in the body of the cheque. In this regard, learned counsel also submitted that the accused filed Crim...respect of the month. Learned counsel also contended that though it is claimed by the accused that such insertion or material alteration has been made in the cheque to make the cheque valid for the...one Arjun Amaravathi Chits but the same was wrongly misused by the complainant. In the affidavit also, it is stated that there is alteration with regard to the date of cheque and also in the body of...

...(Amaravathi Chits Investments… v. T.M Vaidyanathan….), which was also relied on by the learned Trial Judge, when there is a material alteration in the ...often fixes the period of limitation within which the plaintiff will have to sue. Therefore, the alteration of date in a negotiable instrument amounts to material alteration and having regard to the facts ...was not having the proof of submission of Income Tax and as per the evidence of P.W.2, the cheque was subjected to material alteration, as the date was changed from 10.03.2009 to 10.08.2009 Therefore...

...factors to the material alteration of the Ext.P1 cheque as found by the court. I am of the view that the defence taken by the accused is true and the complainant has not come with the straight mind. He has come before the c...alteration in the cheque. Without the material alteration the date on Ext.P1 cheque would be 28-1-2000 in which case the cheque was presented out of time based on admitt...cheque clearly shows that there is tampering in the date of the cheque. 28.01.2000 is clearly altered as 28.12.2000. The month ‘1’ is altered as ‘12’ by adding ‘2’. The manipulation and alteration...

...Court was as to whether insertion of a date of an undated cheque would amount to material alteration within the meaning of Section 38 of the Act? Section 7 of the Act reads as under ...further held that insertion of the date on an undated cheque would not amount to material alteration, since the holder in due course has got implied authority to do so, unless it is otherwise proved by the...material alteration, as has been held by this Court in the case of Sunil Kumar Tyagi v. State of Rajasthan & Anr., 2002 (2) R.Cr.D...

...'Account Closed' when presented for its realisation. He has admitted a suggestion that there was material alteration in the date mentioned in the cheque at...there is no such material alteration in the instrument and that the cheque is shown to have been issued by the drawer in the year 2013. 18. A perusal of the .... In the cross-examination of PW-1, without explaining as to what the alleged material alteration is, it was only suggested to the witness that, there is a material ...