JUDGMENT :

Anil Kshetarpal, J.

1. The questions which this Court is called upon to answer in the present petition filed under section 482 of the Criminal Procedure Code, 1973 praying for quashing of the criminal complaint filed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881"), are:-

i) Whether proceedings initiated under section 138 of the Act of 1881, are liable to be quashed in exercise of powers under Section 482 Cr.P.C., 1973 if it is undisputed that blank signed undated cheque was issued by the drawer?

ii) If date on which the cheque was signed and date mentioned in the column meant for filling up date in the cheque are different, What would be the date on which the cheque is drawn?

iii) Whether filling up of date and amount in the already signed cheque would result in material alteration within the meaning of Section 87 of the Act of 1881, hence, renders the same void?

2. Some facts are required to be noticed. Complainant-respondent company claims to be authorized bottler (running operating a bottling plant) of Coca Cola company, Atlanta. Accused is a proprietor of M/s. Kaka Ram, Dabbi Bazar, Chandigarh Road, Samrala Distri