2011 (12) TMI 786

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....I. Act'), the Court below upon adjudication has acquitted the respondent accused, finding him not guilty for the offence charged. 3. The case of the appellant complainant, as made out in the complaint petition filed by the complainant M/s Goyal Enterprises, is that the complainant is engaged in business of steel materials and it supplied steel materials on credit to M/s Everest Electrical and Engineering Company Pvt. Ltd, pursuant whereto, the accused Ishta Narayan Mishra, being the Managing Director of the said company had issued two account payee cheques in favour of the complainant, bearing cheque No. 0956555 for Rs.51,044/- and cheque No.0956556 for Rs.1,10,115/-, both of which were issued on 14.9.2000, drawn upon State Bank of Ind....

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....ase as Exhibits 2 and 2/1, it appears that there are interpolations in the date of the cheques. The cheques are dated 14.9.2001 and bare perusal of cheques shows that there are overwritings on the figure '4' and the month '4' have been overwritten and made '9' in both the cheques. There is no signature or endorsement of the drawer of the cheques on the overwriting on either of these cheques. 7. Learned counsel for the appellant complainant submitted that all the statutory requirements were completed before filing the complaint case, in as much as, the cheques were deposited in the Bank within the due date and upon getting the information about the dishonour of the cheques, the notice was given to the respondent accu....

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....the case of Veera Exports Vs. T. Kalavathy, reported in (2002) 1 SSC 97, wherein it has been held that there is no bar against voluntary revalidation of a negotiable instrument (including a cheque) by the drawer after the expiry of its validity period. Placing reliance upon this decision, learned counsel submitted that even though there were overwritings on the dates of the cheques, it shall only amount to revalidating the cheques. 9. In the case of Veera Exports (supra) the change of the date on the cheque was under endorsement of the drawer of the cheque, but in the present case there is no endorsement or signature of the drawer of the cheques under the overwritings on the dates. This apart, it is not at all the case of the complainant t....