2017 (8) TMI 1707

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....Court under 482 of Cr.P.C to quash the same. 3. The learned counsel for the petitioner has submitted that the trial Court ought not to have taken cognizance of the complaint as the complaint is ex facie an abuse of process of court. 4. All the cheques filed along with the complaint are on the face of it forged and materially altered documents. In respect of cheque No. 047887 date of cheque is altered as 01.03.2011 and month '7' is clearly altered. The amount mentioned in cheque No. 047887 is materially altered in respect of cheque No. 047888 the date is clearly altered and before number 1 '2' inserted and month 7 is altered as '3' and there is clearly material alteration in respect of cheque No. 047889 month and da....

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....s borrowed amount for doing business and executed a pro-note, agreeing to repay the said amount at interest of 18% per annum and in discharging towards the legally enforceable debt. The four cheques were issued by the petitioner herein and after observing the statutory procedure, private complaint has been filed and taken cognizance and summons are issued to the accused who is a petitioner herein. 10. The learned counsel for the petitioner drawn the attention of this Court, with regard to the four cheques and contended that the month '7' is altered in cheque No.047887. The amount is also altered and in respect of cheque No. 047888, the month is altered and in the cheque No. 047889 date is altered. 11. In short, the accused/revisio....