Court dismisses Criminal Petition challenging complaint due to alleged cheque alteration, emphasizes need for trial scrutiny and evidence.

The court dismissed the Criminal Original Petition challenging the complaint, emphasizing that the plea of material alteration in the cheques should be addressed during trial with evidence. The court highlighted the need for factual examination and evidence to determine legal liabilities, citing a Supreme Court decision. It concluded that the alleged alterations could not be decided in quash proceedings and required trial scrutiny. The petition lacked merit for quashing the complaint, as the veracity of the petitioner's claims needed to be established through the trial process.

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Issues:
Challenge to quash the complaint in C.C. 37 of 2012 on the grounds of material alteration in cheques.

Analysis:
The petitioner sought to quash the complaint in C.C. 37 of 2012, alleging that the cheques filed were forged and materially altered. The petitioner argued that the complaint was an abuse of the court process due to the alterations in the cheques. The total amount mentioned in the cheques exceeded the alleged borrowed amount, and the dates and amounts on the cheques were altered. The petitioner requested the quashing of the complaint based on these grounds.

The respondent, on the other hand, contended that the accused had borrowed a sum of money for business purposes and issued cheques towards repayment. The respondent claimed that after the cheques bounced, a complaint was filed following the statutory notice under the Negotiable Instruments Act. The respondent opposed the quashing of the complaint, stating that the petitioner's plea of material alteration needed to be addressed during trial.

The main issue before the court was whether the plea of material alteration in the cheques could be considered in the quash proceedings. The court analyzed the arguments presented by both sides. The respondent's case was based on the borrower-creditor relationship and the issuance of cheques towards repayment. The petitioner raised concerns about alterations in the cheques, including changes in dates and amounts.

The court emphasized that the determination of material alteration and legal liabilities required evidence and factual examination during trial. Referring to a Supreme Court decision, the court highlighted that issues of alteration in negotiable instruments needed to be proven through evidence and could not be decided based solely on assertions. The court concluded that the plea of material alteration could not be addressed in the quash proceedings and should be examined during trial with appropriate evidence.

In light of the arguments and legal principles, the court dismissed the Criminal Original Petition, stating that the alleged material alterations in the cheques could only be assessed during trial with the presentation of evidence. The court clarified that the veracity of the petitioner's claims needed to be established through a trial process, and the petition lacked merit for quashing the complaint.

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