AI Overview...
-
Alteration in Cheque Amount - The case discusses whether alterations made to the cheque, such as changing the date or amount, constitute material alterations that affect its validity. Courts have held that change of date or amount can be considered material alterations if they alter the original intent or amount due. For example, in one case, changing the date was deemed a material alteration affecting the cheque's enforceability T.BALARAMA REDDY vs STATE OF A.P. REP.BY P.P. AND ANOTHER - Telangana, M. B. Rajasekhar VS Savithramma - Crimes.
-
Initial Signature and Issuance - The issuance of a cheque with a signature by the accused creates a presumption of liability under Section 139 of the Negotiable Instruments Act. Even if the cheque is signed and handed over voluntarily, subsequent filling or alterations do not automatically invalidate the cheque unless proven to be fraudulent or unauthorized T.BALARAMA REDDY vs STATE OF A.P. REP.BY P.P. AND ANOTHER - Telangana, SAID MUHAMMED BAFAKY Vs P.K.JOHN - Kerala.
-
Material Alteration and Forgery - Allegations of material alteration, forgery, or fabrication of the cheque are significant defenses. Courts examine whether the alterations were made with the accused's consent or involvement. If alterations are proved to be unauthorized or forged, the cheque's validity can be challenged, and the accused may be acquitted Anil Agro Industries VS Bhoday Steel Rolling Mills - Punjab and Haryana, SAID MUHAMMED BAFAKY Vs P.K.JOHN - Kerala.
-
Burden of Proof and Rebuttal - The complainant bears the initial burden of proving the cheque's issuance and its dishonor due to insufficient funds or alterations. The accused can rebut this presumption by providing probable defenses, such as proving no authorization or that the cheque was altered without consent DINESH HARAKCHAND SANKLA VS KURLON LTD. - Karnataka, DINESH HARAKCHAND SANKLA VS KURLON LIMITED, BANGALORE - Karnataka, T.BALARAMA REDDY vs STATE OF A.P. REP.BY P.P. AND ANOTHER - Telangana.
-
Alteration in Initial Amount or Date - Changing the amount or date on the cheque after issuance can be deemed a material alteration, especially if it impacts the enforceability of the debt. Such alterations, if proven to be unauthorized, can invalidate the cheque and provide grounds for acquittal M. B. Rajasekhar VS Savithramma - Crimes.
-
Conclusion - The legal stance emphasizes that alterations—especially material ones like changing the amount or date—are critical in assessing cheque validity. The presumption of liability under Section 139 can be rebutted if the accused proves unauthorized alteration or forgery. Courts scrutinize the nature of alterations, signatures, and the circumstances of issuance to determine the enforceability of the cheque SAID MUHAMMED BAFAKY Vs P.K.JOHN - Kerala, T.BALARAMA REDDY vs STATE OF A.P. REP.BY P.P. AND ANOTHER - Telangana, Anil Agro Industries VS Bhoday Steel Rolling Mills - Punjab and Haryana.
References: - IND_HC_KLHC010197232007 - INDTEL00000147790 - 04300002340 - 00300013500 - 00400027375 - 00400026169 - 00300014179 - 02300081227 - 00500023921 - 02100113733
Search Results for "Alteration in Cheque Amount and Initial by the Accused"
2020 Supreme(Online)(KER) 9845 • India - High Court of Kerala
M.R.ANITHA, J
The complainant alleged the accused borrowed Rs.70,000 and later issued a cheque for Rs.75,000, which also bounced. ... Issues: Whether the accused issued cheques in discharge of a legally enforceable debt and if the defenses against dishonor ... favor of the complainant arises under Sections 139 and 118, which the accused failed to rebut. ... It is also held that mere filling up of cheque by payee would not invalidate cheque and it does not amount ....
2022 Supreme(Online)(TEL) 314 • India - High Court of Telangana
K.SURENDER, J
Mukesh Kumar [(2019) 4 Supreme Court Cases 197] and argued that even if the blank cheque leaf, voluntarily signed and handed over by the accused, it would attract presumption under Section 139 of the N.I.Act. Further, subsequent filling of unfilled cheque will not amount to alteration. ... The question of again giving an amount of Rs.5.00 lakhs after the initial failure by the accused to repay the amount is quite unnatural. Further....
2023 0 Supreme(Telangana) 95 • India - Telangana
K. SURENDER
material alteration - It is not case of accused that writings in cheque are not that of his and he also failed to send cheque to ... during cross-examination on observation by complainant, it cannot be said that cheque was not issued by accused and it amounts to ... to make good payment covered by cheques, for which reason, complaint was filed - Held, Initial burden in present facts of case was ... On the basis of different ink and ....
2005 0 Supreme(Kar) 595 • India - Karnataka
MOHAN M.SHANTANAGOUDAR
Act if the cheque is returned with an endorsement of insufficient funds or the amount involved in the cheque exceeds the amount ... If the accused shows that in his account there was sufficient funds to clear the amount of cheques at the time of presentation of ... -Trial for dishonour of cheque -Cheque was returned for alteration in date and difference in signature -If such alterations are ... A....
2006 0 Supreme(Bom) 1854 • India - Bombay
N.A.BRITTO
cheque not given by accused - No alteration in cheque carried out lay complainant - Section 87 of Act not applicable - Presumption ... the amount due to the complainant, there is also no explanation as to why the accused had to give a cheque of Rs. 70,000/- as stated ... The Court is only required to bear in mind that with the acquittal the initial presumption of innocence of the accused gets fortified ... In other words, it was not....
2005 0 Supreme(Bom) 1318 • India - Bombay
MOHAN M.SHANTANAGOUDAR
Act if the cheque is returned with an endorsement of "insufficient funds" or the amount involved in the cheque exceeds the amount arranged to be paid from that account by an agreement made with that bank. ... The complaint further discloses that the accused had purchased materials from the complainant's company, and rewards clearance of part payment of the outstanding balance amount, the accused had issued Account Payee cheques. ... Hence, when the #....
2005 0 Supreme(Kar) 597 • India - Karnataka
MOHAN M.SHANTANAGOUDAR
Act if the cheque is returned with an endorsement of insufficient funds or the amount involved in the cheque exceeds the amount ... If the accused shows that in his account there was sufficient funds to clear the amount of cheques at the time of presentation of ... Burden of Proof -Dishonour of Cheque -Dishonour of Cheque -Cheque returned for alteration in date and difference in drawer s signatur....
2023 0 Supreme(P&H) 469 • India - Punjab and Haryana
JASJIT SINGH BEDI
The accused argued that the cheque was materially altered, forged, and fabricated, and that one of the accused was not liable as ... Issues: The issues involved in the case included the validity of the cheque, the liability of the accused, and the maintainability ... The respondent/complainant contended that the alterations were made with consent and that the accused were actively involved in the ... The total loan availed by the accused was Rs.15,0....
• India - Crimes
A.S.PACHHAPURE
Negotiable Instruments Act, 1881—Section 138—Material alteration of cheque—Change of date of cheque amounts to a material alteration ... towards repayment of money taken as loan—Accused had worked as a maid servant on a monthly salary of Rs.1,500—Giving an amount of ... was rebuttable—If accused raised a probable defence it was sufficient to rebut the presumption—Defence put forth by accused respondent ... Furthermore, in the compla....
2014 0 Supreme(Mad) 4167 • India - Madras
R.S.RAMANATHAN
drawn on South Indian Bank Branch for said amount and when appellant presented cheuqe for collection cheque was returned with an ... that complaint will not probable’s case of respondents herein – Similarly judgment wherein was complainant and respondents are accused ... matter of present Appeal is Cheque – Merely because earlier cheque was and later chque was would not lead to conclusion that cheque ... Further, it is seen from those judgments, that....
Filter by Legal Phrase
