2003 (2) TMI 343

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....was doing transport business and also a social worker and he knows the accused in connection with his business. The appellant has lent a sum of Rs. 5,17,700 to the accused and in discharge of the said loan; the respondent issued a cheque for Rs. 5,16,700 dated 25-8-1992 drawn on Andhra Bank, Pittapuram Colony branch. The appellant presented the said cheque for encashment in the Bank of India on 7-9-1992 in which he was having an account and his banker sent the cheque to the Andhra Bank, but the same was returned with an endorsement "funds insufficient" and thereupon the appellant got issued a legal notice dated 11-9-1992 demanding the respondent to pay the cheque amount within 15 days from the date of receipt of the notice and after receivi....

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....ter 516 was added subsequent to the filing of the complaint. It is further brought to the notice of this Court by the learned senior council that originally the cheque was returned only on the ground of insufficiency of funds and this was spoken to by the Bank Manager after verifying the records, whereas in the cheque return memo, which was marked as Ex: P. 22. It is mentioned that the cheque was returned on two grounds i.e. insufficiency of funds and also material alteration. According to him, all this is done only to create an impression in the mind of the court that there was material alteration in the cheque dated 25-8-1992. Summing up the matter, the learned senior counsel requested this Court to remand the matter to the court below wi....

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....as' anywhere in the figure. Further, from a perusal of the cheque in question, it is clear that the writing of '516' is entirely different from the writing of '700'. If the entire amount is written at a stretch, it would not have been written as shown in the cheque dated 25-8-1992. Though the amount is written as five lakhs sixteen thousand seven hundred only in words, in view of the explanation offered by the respondent that he gave the cheque for an amount of Rs. 516 only without filling up the other particulars and taking advantage of the blanks in the cheque and also rivalry between the appellant and the respondent, he filled the cheque in issue as if the cheque was issued for an amount of Rs. 5,16,700 appears to be plausible and accept....

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....tween the amount due and the amount paid by way of cheque is only about Rs. 2,000. If really the cheque was issued for an amount of Rs. 5,16,700, it should be towards full and final settlement or if it were to be treated towards part-payment, he would have issued the cheque for an amount of Rs. 2,00,000 or 3,00,000 but not for Rs. 5,16,700. Looking from any angle, the issuance of the cheque in question appears to be doubtful. Another important factor, which is also to be taken into consideration, is that the appellant herein issued four cheques to the respondent and the same were not honoured and the respondent herein filed C.C. No. 394 of 1991 against the appellant wherein the appellant was convicted for the offence punishable under sectio....