R. Basant, J.

1. The petitioner faces indictment in a prosecution under S.138 of the Negotiable Instruments Act. The cheque is for an amount of Rs.50,000/- and is shown to be dated 31/12/1999. Notice of demand though duly received was not replied to by the accused. Accused, in the course of the trial, has taken up a contention that the date 31/12/1999 is an alteration / forgery and that when the cheque was handed over, it bore the date 31/12/1997. The last digit 7 has now been altered to 9. This is the crucial contention raised. According to the petitioner, in 1997 when there was a transaction of Rs.30,000/-, two cheques one for Rs.30,000/- and another for Rs.50,000/- were obtained from the petitioner by the complainant who is a money lender and he had kept the same with him. In respect of the cheque for Rs.30,000/-, Annexure B notice was issued. Annexure C cheque was issued along with the original of Annexure D reply notice by the petitioner himself directly to the advocate.

2. The complainant denied these allegations. Earlier transactions were not disputed. But it was contended that the cheque evidences a liability to repay an amount of Rs.50,000/- and it always bore the date