LOHOYA MINES CUM PVT LTD Vs. NAVEEN HANDA

JUDGEMENT

(1.) BY this criminal leave to appeal under Sec. 378 (4), crpc, the petitioner-complainant seeks setting aside of the judgment and order dated 10. 6. 2004 passed by the Chief Judicial Magistrate (Economic Offences), Jodhpur (for short, "the Trial Court" hereinafter) in Criminal case No. 717 of 2004, by which the Trial Court acquitted accused- respondent of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act, 1881" hereinafter ).

(2.) HEARD learned Counsel for the petitioner and perused the judgment and order impugned.

(3.) IN all four cheques were allegedly issued by the accused- respondent in favour of the petitioner-complainant. On dishonour of first two cheques, the accused-respondent was held guilty for the offence punishable under Sec. 138 of the Act, 1881. The remaining two cheques No. 018792 and 018793, when presented to the bank, were dishonoured on account of their being out-dated and returned to the complainant-petitioner. Thereafter, these cheques were again presented before the bank by. changing the dates of the cheque to bring the cheques within the limitation but the same were dishonoured on account of exceed arrangement. For the dishonour of the remaining two cheques, the Trial Court acquitted the accused-respondent of the offence under Sec. 138 of the Act, 1881 on the ground that there were material change in the dates of the two cheques in question without any consent of the accused-respondent and the out-dated cheques have been presented before the bank by changing the respective dates of 10. 1. 2000 and 10. 2. 2000, the dates of 10. 1. 2001 and 10. 2. 2001 have been put on the cheques is dispute and as such, in view of the provision of Sec. 87 of the Act, 1881, the said cheques became void: