IN THE HIGH COURT OF JUDICATURE AT MADRAS
Unknown, J
S.DEEPALAKSHMI – Appellant
Versus
ARUMUGAM – Respondent
| Table of Content |
|---|
| 1. accused challenges cheque dishonour under section 138. (Para 1 , 2) |
| 2. arguments presented regarding cheque alterations. (Para 3 , 4) |
| 3. court's analysis on material alteration and cheque validity. (Para 5 , 6 , 7 , 14) |
| 4. court's conclusion on the validity of the cheque. (Para 15) |
O R D E R
The petitioner herein is the sole accused in C.C.No.525 of 2023 on the file of Judicial Magistrate, Thirukoilur. The complaint is in respect of offence under Section 138 of N.I Act. The complaint averment is that to discharge the liability, the cheque bearing No.10317363 drawn by the petitioner/accused from her account maintained at Federal Bank, Puducherry, for a sum of Rs.4,53,151/- returned with an endorsement “Alternation of instrument other than date Field. Alteration corrections are prohibited under CTS”. Since the cheque issued without adequate fund, offence under of N.I Act is made out.
2. The accused is before this Court to quash the complaint on the ground that the cheque was dishonoured for material alteration. Under Section 87 of N.I Act., cheque with material alteration becomes a void instrument. When an instrument is void, there cannot be any prosecution based on the
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