ASHOKA TRADERS Vs. SACHIN GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the complaint under section 138 of the Negotiable Instruments Act. filed by the respondent before the trial court, it is alleged that in lieu of the payment of Rs. 10,000,00/- borrowed by the petitioner from the respondent, petitioner had issued a cheque dated 5.5.2015 in favour of the respondent. It has been contended by the respondent that later the petitioner changed the date of issue of the cheque from 5.5.2015 to 5.5.2016 by altering the figure '5' to '6' therein.

(3.) Petitioner seeks quashment of the complaint and proceedings commenced by the learned trial court because of the aforementioned alteration in the cheque. Reliance is placed on the judgment dated 24th November, 2000 of Madras High Court in 'T. Kalavathy v. Veera Exports ', where the following has been observed in para-13:-