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2013 Supreme(Jhk) 836

R.R.PRASAD
Neyaz Ahmad – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: Mr. Ananda Sen
For the State: A.P.P
For the O.P. No. 2: Mr. A.K. Das

Judgment

This application is directed against the order dated 20.3.2012 passed in C-1 case no. 1327 of 2010 whereby and whereunder prayer made by the petitioner, to send the cheque to a handwriting expert for verification of the handwriting appearing over the cheque in question with the admitted handwriting of the petitioner, was rejected.

2. Mr. Ananda Sen, learned counsel appearing for the petitioner submits that it is the case of the petitioner that one blank cheque bearing no.168519 having signature of the petitioner over it got lost which anyhow came in possession of the complainant who by putting material particulars including the amount over it utilized it for lodging a case under Section 138 of the Negotiable Instrument Act by taking a plea that the cheque had been given by the petitioner as against debt but the said cheque on its deposit got dishonoured. Thus, it becomes a case of material alteration and thereby the said material alteration renders the said cheque as void in terms of the provision as contained in Section 87 of the Negotiable Instrument Act and therefore, in order to prove that there is material alteration, an application was filed for verification of the han

















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