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2021 Supreme(Del) 1130

MANOJ KUMAR OHRI
Arpan Jain – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sagar Rohatgi, Advocate, for the Appellant, Mr. Panna Lal Sharma, APP, for the Respondent.

ORDER

Manoj Kumar Ohri, J. (Oral). - The present petition has been preferred by the petitioners under Section 482 Cr.P.C. seeking quashing of Complaint Case No. 4322/2020 filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') as well as the summoning order dated 25.03.2021 passed by the learned MM-05 (NI Act), Central District, Tis Hazari Courts, Delhi.

2. Learned counsel for the petitioners has submitted that the impugned summoning order was passed without application of mind. He has primarily contended that the cheque in question was materially altered by the complainant by changing the date for revalidation without the consent and knowledge of the petitioners. He has further submitted that in view of the mandate of Section 87 NI Act, the cheque had became void. In support of his submissions, learned counsel for the petitioners has placed reliance on the decision of the Supreme Court in Veera Exports v. T. Kalavathy reported as (2002) 1 SCC 97.

3. Learned counsel for the petitioners also submitted that in the present case, the offence under Section 138 NI Act was not made out as the cheque in question was initially honoured and the

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