Negotiable instrument act

jains (Querist) 27 December 2019 This query is : Resolved
Whether 138 NI act case can be file If the reason for return of the cheque is materiel alteration?

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K Rajasekharan (Expert) 27 December 2019
Material alteration is a sufficient reason for proceeding with 138 NI case.

SHIRISH PAWAR, 7738990900 (Expert) 28 December 2019
Dear sir,
As per me even if complaint is filed it will sustain.
Regards,

Azhagananth (Expert) 28 December 2019
Material alteration by whom?

cheque which was subjected to material alteration and that the complainant failed to prove that material alteration of the cheque was done or made by the accused.

Material alteration of the cheque, without the consent of the drawer, makes the instrument void and no criminal action would lie on the basis of such an instrument.

https://indiankanoon.org/doc/7033957/

read para 17, 24 & 31

Sankaranarayanan (Expert) 28 December 2019
yes it can be filed

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