2016 (7) TMI 1714

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....ant before the Court below has come up in appeal. 2. The case before the Court below is as a result of a private complaint filed by the appellant herein as complainant, against the 1st respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act. 3. The case of the complainant is that the accused borrowed an amount of Rs. 1,50,000/- from the complainant and when the complainant demanded the amount on 06/11/2006, the accused issued Ext. P1 cheque in discharge of the said liability. The said cheque, when presented, returned dishonoured for insufficiency of funds in the accounts of the accused. The complainant caused to issue Ext. P4 demand notice as contemplated under Section 138(b) of the....

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....aterial alteration within the meaning of Section 87 of the NI Act. 8. Per contra, the learned counsel for the first respondent has argued that the said correction in one of the digits in the amount entered in figures in Ext. P1 is nothing but material alteration within the meaning of Section 87 of the NI Act. In Ext. P1 the amount has been clearly entered in words as "Rupees one lakh and fifty thousand only". The amount has been entered in figures also. It seems that in digit "0" after the digit "15", there is overwriting. The question to be considered is whether it amounts to material alteration within the meaning of Section 87 of the NI Act? Section 87 of the NI Act clearly says that such an alteration should be a material alteration. He....