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Section 138 NI Act: Supreme Court Says Altered Cheque Cannot Be Used to Convict Drawer
['Lawbeat News Desk -Sc', 'Edits Salil Tiwari']
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The Supreme Court has held that where a cheque itself clearly shows signs of material alteration, courts need not insist on additional evidence to prove the alteration.
The central issue before the Supreme Court was whether the cheque had originally been issued for Rs 10,000 or whether it had been materially altered to make it appear as a cheque for Rs 1,10,000.
The material alteration of the cheque was manifest.
Accordingly, Court set aside the judgments of the trial court, the appellate court and the High Court.
Refund of compensation orderedThe Supreme Court directed that the amount received by the respondent pursuant to the earlier court orders be reimbursed to the appellant within four weeks.