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2017 (8) TMI 1707 - MADRAS HIGH COURTDishonour of Cheque - cheques filed along with the complaint are on the face of it forged and materially altered documents - plea of material alteration in the cheque can be canvassed and gone into the quash proceedings or not - HELD THAT:- The accused/revision petitioner has raised a plea that the cheque-in-issue suffers from material alteration in respect of date in few cheques and month in few cheques and amount in few cheques. It is to be stated that though the amount in figures as stated above, but the amount in words are clear. Further, whether the date and month has been altered or not? Whether it is altered by the drawer of the cheque or by the complaint is matter for fact that can be gone into only during trial. Alteration was made by the drawer himself or whether it was made with consent of the drawer, it requires evidence to prove petitioner's contention had no legally enforceable debt is to be paid or not is a question of fact which needs to be proved and determined at trial by way of evidence - The decision in Apex Court in VEERA EXPORTS VERSUS T. KALAVATHY [2001 (11) TMI 934 - SUPREME COURT] wherein it was held that revalidation of the Negotiable instrument is a material alteration which fact has to be established by the way of evidence at the trial and the same cannot be determined on the mere assertion of the accused. Hence no case for quashing of the summoning order is made out in the present case. In the instant case, it is only the assertion made by the petitioner that he did not made correction the cheque as he owed no legal liability towards petitioner. This fact needs to be ascertained by way of evidence and the same can be done at the trial and not in a petition under Section 482 Cr.P.C. The veracity of the plea of material alteration cannot be gone into in quash proceedings without trial. This Court has no hesitation to come to the conclusion that alleged material alteration in date and amount in the chequein-issue cannot be gone into at this stage under 482 of the Cr.P.C and the same can be gone into only by the trial Court by adducing appropriate evidence and expert evidence if need be - Petition dismissed.
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