Material alteration in cheques cannot be decided in quash proceedings; such factual disputes must go to trial.

Material alteration in a cheque, including alleged changes in date, month or amount, cannot ordinarily be determined in proceedings under Section 482 CrPC because it raises factual questions that require evidence. Where a complaint under Section 138 of the Negotiable Instruments Act is based on dishonour of cheques said to have been issued in discharge of a debt, the court must leave disputed issues such as whether alterations existed, who made them, and whether they affect the legally enforceable debt to trial, including expert evidence if needed. On that ground, the complaint was not liable to be quashed.

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Issues: Whether the plea of material alteration in the cheque can be examined in proceedings under Section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint.

Analysis: The complaint under Section 138 of the Negotiable Instruments Act, 1881 was founded on dishonour of cheques allegedly issued in discharge of a debt. The challenge was based on the assertion that the cheques contained alterations in date, month and amount. Whether the cheques were altered, who made the alterations, and whether they affected the existence of a legally enforceable debt were matters requiring evidence. Such factual disputes could not be conclusively determined in quash proceedings and had to be left to trial, including expert evidence if necessary.

Conclusion: The plea of material alteration could not be adjudicated in proceedings under Section 482 of the Code of Criminal Procedure, 1973, and the complaint was not liable to be quashed on that ground.

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