2001 (11) TMI 934

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....AND S.N. VARIAVA, JJ.   R. Sudhinder and Rajesh Kumar for the Appellant. K. Shivraj Choudhary and Dr. R. Prakash for the Respondent. JUDGMENT Variava, J. - Leave granted. Heard parties. 2. These appeals are against the judgment of the Single Judge of the Madras High Court by which the criminal proceedings launched by the appellant under section 138 of the Negotiable Instruments....

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....e appellants claimed that the respondent then requested the appellants to present the cheques after a period of three months. 4. The cheques were again presented on 18-7-1996, and were dis- honoured. A legal notice dated 8-8-1996, was served upon the respondent. The respondent, by her reply dated 23-8-1996, alleged that she had been forced to change the dates against her Will. She also took up ....

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....by altering the dates so as to give fresh life to the cheques for another 6 months. It is held that in law, a cheque which has become invalid because of the expiry of the stipulated period could not be made valid by alteration of dates. 7. In our view, this reasoning is entirely fallacious. There is no provision in the Negotiable Instruments Act or in any other law which stipulates that a drawe....

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....The first paragraph of section 87 makes it clear that the party who consents to the alteration as well as the party who made the alteration are disentitled to complain against such alteration, e.g., if the drawer of the cheque himself altered the cheque for validating or revalidating the same instrument, he cannot take advantage of it later by saying that the cheque became void as there is materia....