Blank cheque completion and material alteration limits defeat quashing and expert examination request in cheque dishonour proceedings.

A complaint under Section 138 of the Negotiable Instruments Act was not quashed because, read with the supporting documents, it disclosed the ingredients of the offence, and the trial had already reached defence evidence after completion of prosecution evidence and examination under Section 313 CrPC. The Court also rejected the request to send the cheque for handwriting expert examination, distinguishing completion of a blank cheque by the payee under Section 20 from material alteration under Section 87. At the defence stage, the accused could not require the Court to collect evidence for him absent a legally sustainable case of material alteration.

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Issues: (i) Whether the complaint under Section 138 of the Negotiable Instruments Act was liable to be quashed for want of necessary averments and supporting material. (ii) Whether, at the stage of defence evidence, the accused was entitled to have the cheque sent for handwriting expert examination on the plea of material alteration.

Issue (i): Whether the complaint under Section 138 of the Negotiable Instruments Act was liable to be quashed for want of necessary averments and supporting material.

Analysis: The complaint had to be read along with the documents produced with it. On such reading, the ingredients of the offence were disclosed. The prosecution evidence had been completed, the accused had been questioned under Section 313 of the Code of Criminal Procedure, 1973, and the matter had reached the stage of defence evidence. At that stage, the Court declined to interfere with the pending trial and found no basis to quash the complaint.

Conclusion: The complaint was not quashed.

Issue (ii): Whether, at the stage of defence evidence, the accused was entitled to have the cheque sent for handwriting expert examination on the plea of material alteration.

Analysis: Filling up a blank cheque by the payee was distinguished from material alteration. Section 20 of the Negotiable Instruments Act permits the payee to complete a blank cheque, and that act does not by itself amount to material alteration within Section 87 of the Act. The application was made after the prosecution evidence was over and after the accused had been called upon to enter defence. At that stage, the accused could not seek to have the Court collect evidence for him by sending the cheque to an expert.

Conclusion: The request for handwriting expert examination was rejected.

Final Conclusion: Both the challenge to the complaint and the attempt to obtain expert examination of the cheque failed, and the proceedings were left undisturbed.

Ratio Decidendi: A blank cheque may be filled up by the payee under Section 20 of the Negotiable Instruments Act, and an accused cannot, at the stage of defence evidence, compel the Court to collect evidence for him by sending the cheque to an expert absent a legally sustainable case of material alteration.

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