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2022 (12) TMI 593 - HC - Indian LawsDishonor of cheque - accused was acquitted - Preconditions for a valid cheque - material alteration but putting date on cheque - offence punishable u/s 138 - presumption u/s 139 - whether the accused has successfully rebutted that presumption? - HELD THAT:- It is true that once the accused is acquitted, the presumption of innocence get strengthened. It is not the rule of law but rule of prudence not to interfere in the judgment of acquittal. It is important to note that the prosecution under Section 138 of the Negotiable Instrument Act is quasi criminal in nature. So as to say that burden not only lies on the complainant (just like on prosecution in criminal trial), but it also lies on the accused. In other words, the burden never entirely rests on the complainant. So, putting a date whether was in pursuance to the common intention of the parties is a question. Putting the name of the payee also cannot be held to be objectionable. It is for the reason that they were handed over to the complainant only. No doubt cheque is negotiable instrument which is transferable and negotiable, presumption under Section 138 of the Negotiable Instrument Act can be drawn only when the preconditions are satisfied. The complainant unilaterally has put in dates on the cheques without the authority of the accused and even by not informing him. So, it amounts to material alterations. If it is so such negotiable instrument becomes void. Hence prosecution under Section 138 of the Negotiable Instrument Act cannot be initiated. On that aspect the complainant has failed to satisfy the requirement of valid cheque. Appeal dismissed.
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