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2001 (11) TMI 934 - SC - Companies LawAlteration in cheque - criminal proceedings launched by the appellant under section 138 of the Negotiable Instruments Act, 1881 Held that:- Appeal dismissed. It is held by the High Court that a change of date is a material alteration which affected the interests of the respondent. It is held that the respondent, not being a willing party to the said alteration, the cheques were void as contemplated by section 87. At this stage, there is no basis for arriving at such a conclusion. In the earlier part of the impugned judgment, it has been correctly held that this is a question of fact. This is a fact which will have to be established on evidence during trial. At this stage, the High Court could not have quashed the complaint merely on the basis of an assertion in the reply.
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