Material alteration in a cheque can render it void and justify quashing of criminal proceedings at the threshold.

A cheque bearing an unauthorised cutting in the amount written in words was treated as a materially altered instrument under Section 87 of the Negotiable Instruments Act, and therefore void against the drawer because the alteration was neither consented to nor shown to reflect common intention. On that basis, the High Court held that the defect was apparent on the face of the record and was a decisive ground for interference under Section 482 of the Code of Criminal Procedure. The summoning order in the complaint case was quashed, leaving the complainant to pursue civil remedies if available.

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Issues: Whether the summoning order in the complaint case was liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973 on the ground that the cheque contained an unauthorised cutting and was void as a materially altered instrument under Section 87 of the Negotiable Instruments Act.

Analysis: The complaint was based on a cheque that bore a cutting in the amount written in words and that alteration was not signed by the drawer. The governing principle applied was that a material alteration in a negotiable instrument, unless consented to or made to carry out the common intention of the parties, renders the instrument void against the party who did not assent. The Court treated the alteration in the cheque as a material alteration and held that the cheque appeared void on that account. Although questions regarding underlying liability would ordinarily be matters for trial, the Court held that the invalidity of the cheque itself was a decisive circumstance justifying interference in inherent jurisdiction.

Conclusion: The summoning order was quashed and the application was allowed.

Final Conclusion: The prosecution could not be allowed to proceed on the basis of a cheque that, on the face of the record, was treated as void due to material alteration; the petitioner obtained quashing relief, while the complainant was left to pursue civil remedies.

Ratio Decidendi: A cheque containing an unauthorised material alteration is void against the drawer, and where that defect is apparent, inherent jurisdiction may be exercised to quash the criminal proceeding founded on such cheque.

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