S. DEEPALAKSHMI Vs. ARUMUGAM

JUDGEMENT

(1.) 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 Sec. 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.4,53,151.00 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 Sec. 138 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 Sec. 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 void instrument. It is contended that the Cheque as such was not issued for discharging any liability. In the course of executing Railway Contract work, certain work was outsourced to the Complainant as Sub-Contractor. A sum of Rs.8,824.00 alone was due and payable to the Complainant. For which, the Cheque bearing No.317364, dtd. 23/5/2023 was issued and the same was duly honoured. Whereas, the previous Cheque bearing No.317363 which was wrongly written after correction, was discarded and left without filling the name of the Drawee. The Complainant had misused the said Cheque by filling his name and presented the same without there being any legally enforceable debt.

(3.) In support of the Petition, the learned Counsel appearing for the Petitioner rely upon the following Judgments: