YASWANTH PARAMESHWAR MANGARSHI Vs. VENKATRAMAN GANAPATI HEGDE

JUDGEMENT

(1.) THIS appeal is filed for setting aside the judgment dated 27.08.2007 passed by I Addl. J.M.F.C., Sirsi, in C.C. No. 1389/2001, convicting the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act' for brevity).

(2.) THE short question involved in this appeal is, whether the trial Court has committed any serious error in holding that the disputed cheque is materially altered and thereby accused is acquitted for the offence punishable under Section 138 of N.I. Act.

(3.) THOUGH at the time of taking cognizance and recording of evidence, an initial presumption was drawn in favour of complainant under Section 139 of N.I. Act, the learned Magistrate has held that in view of material alteration of cheque the said presumption drawn in favour of complainant has been totally destroyed. It is just and necessary to find out on what basis the learned Magistrate has come to a conclusion that the cheque has been materially altered. The learned Magistrate at paragraphs 18 and 19 of the judgment has specifically stated that the Ex. P2 cheque apparently discloses that the figures and words have been materially altered. It appears that the cheque has been issued for Rs. 2,000/ - and later one digit '5' has been prefixed to Rs. 2,000/ -. While writing the amount in words, it has been written as Rupees two thousand only and later the word 'fifty' has been added in vernacular language as After considering all these aspects, the learned Magistrate has come to a conclusion that there is material alteration in the cheque and hence, has acquitted the accused.