9911796707
TMI Blog2004 (8) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... ed prosecution against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. This ended in acquittal. Therefore, this appeal. 2. The case put forth by the complainant was that a cheque for an amount of Rs. 11,775/- issued by the accused in favour of the complainant in consideration of the amount taken as loan by him bounced. Statutory notice did not result ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused, submits the counsel for the accused. 3. Appreciating the evidence on record the trial Court came to the conclusion that the case put forth by the accused was more probable. It is contended by the counsel for the appellant that the finding of the Court below is erroneous. The signature is admitted by the accused and no independent evidence had been adduced by him. According to him, he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the amount written in figures there is material difference in two ones' preceding the figure 775. This also reveals that there was material alteration in the figure portion as well. Deposition of P.W.2, the Bank Manager also substantiated his case. P.W.2 had stated that even though the cheque had been bounced for want of sufficient funds, the cash would not have been given to such cheque eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the cheque will not amount material alteration when the cheque is in the hands of the payee. 6. Section 18 of the N. I. Act provides that the banker will honour a cheque based on the amount written in words. So, that is the material part of the cheque. The amount written in figures in Ext. P1 cheque was '11775'. It is discernible that the figure '11' has not been made simultaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
