Applicant challenged acquittal in a cheque-bounce case. Court held cheque invalid due to uninitialised material alteration in amount under section 87 NI Act. Appeal leave refused; application dismissed.
Leave to file appeal refused. Application dismissed. Acquittal upheld.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3128 OF 2006
Shri Babasaheb Dattatraya Galinde
....Applicant.
V/s
Shri Kiran Pandurang Pore & anr.
.....Respondents.
Mr. Sagar Joshi for the applicant.
Mr. Gaikwad i/b Mr. V.S. Talkute for Respondent No.1.
Mr. Y.S. Shinde, APP for the State.
CORAM: V.M. KANADE, J. DATE : 3rd October, 2007.
P.C.:
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merely on the ground that there is an alternation in respect of the amount which is mentioned in the said cheque and, therefore, in view of section 87 of the Negotiable Instruments Act, the cheque was not a valid cheque. The learned Counsel submitted that there is no alteration and that the words and figure perfectly tally. He also invited my attention to the memo issued by the Bank. He submitted that the cheque was dishonoured because the amount was not arranged for.
(V.M. KANADE, J.)
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2 issues framed by the court
Whether a cheque with material alteration in the amount and lacking the accused's initials is a valid negotiable instrument under section 87 of the Negotiable Instruments Act.
Whether the Trial Court correctly dismissed the complaint and acquitted the accused based on the lack of initials on the alteration.
2 provisions across 1 enactments
Shri Babasaheb Dattatraya Galinde
Shri Kiran Pandurang Pore
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
