Back
VENKATA JYOTHIRMAI PRATAPA
Revu Das – Appellant
Versus
Vadlamudiswaranalatha – Respondent
JUDGMENT
1. This instant Criminal Petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, challenging the validity and correctness of impugned order dtd. 3/2/2020 in Crl.M.P. No.890 of 2019 in C.C.No.259 of 2019 on the file of Judicial Magistrate of First Class at Muvva, Krishna District.
2. Heard Sri Gantasala Uday Bhaskar, learned counsel for the petitioner, Sri Harikrishna Tata, learned counsel for the 1st respondent and Ms. Prasanna Lakshmi, learned Asst. Public Prosecutor, for the state/2nd respondent. Perused the material on record.
3. Case of the petitioner in succinctly
a. Petitioner herein being Accused in C.C.No.259 of 2019 is facing the trial for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1882 (For short 'N.I.Act'). During the course of trial, Petitioner filed a petition under Sec. 45 of the Indian Evidence Act, seeking to send the cheque/Ex.P2 to the Director of A.P. State Forensic Science laboratory, Vijayawada to examine the alteration at amount column i.e., 1' as 7'.
b. Against said petition, respondent herein i.e., the complainant filed his counter and contested the matter.
c. The learned trial Judge dismissed the
The main legal point established in the judgment is the liability of a person who signs a cheque and the importance of allowing the accused a fair chance to send the document to the expert to know th....
Material alterations to a cheque render it void under Section 87 of the NI Act, and accused must be afforded the opportunity to prove their defence.
Statutory presumptions under Sections 20, 118, 139 NI Act override claims of blank cheque misuse without rebuttal.
Material alteration of a negotiable instrument renders it void unless made to carry out the common intention of the original parties, and only the date on the cheque could be altered. Additionally, a....
A belated plea for examining the writing in a disputed cheque cannot be entertained at the revisional stage, especially when it was not the plea before the trial court.
A cheque does not need to be in the handwriting of the drawer for it to be valid under the Negotiable Instruments Act.
The need for evidence to rebut the presumption under the NI Act and the inadmissibility of appreciating evidence at the stage of quashing proceedings under Section 482 Cr.P.C.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
