When overwriting in cheque will not amount to material alteration in cheque dishonour case?

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. Here, an overwriting can also be categorised as an alteration. At the same time, when the amount is clearly discernible and is written in bold letters in words as "one lakh and fifty thousand only", the mere overwriting or correction in the digit "0" in the amount entered in figures in Ext. P1 cannot be treated as a material alteration within the meaning of Section 87 of the NI Act. Had there been any overwriting or corresponding correction in the amount entered in words in Ext. P1, it could have been said that it was an alteration of material nature as contemplated under Section 87 of the NI Act. When there is no corresponding correction or alteration in the amount entered in words in Ext. P1, at any stretch of imagination, it could not have been considered as a material alteration. It seems that the Court below has unnecessarily passed a judgment of acquittal in this case.

Negotiable Instruments Act, 1881 (Central Act 26 of 1881) - Section 87--Material alteration--Mere overwriting on a digit in the amount entered in figures in a cheque does not amount to material alteration, when there is no correction in the amount entered in words in that cheque.

IN THE HIGH COURT OF KERALA

Crl. A. No. 237 of 2009

Decided On: 15.07.2016

 Rajan P.K. Vs. K. Radhakrishnan and Ors.

Hon'ble Judges/Coram:

B. Kemal Pasha, J.

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Whether will be effect of overwriting in inquest report?

The next factual lacunae raised was overwriting in the inquest report. The inquest report by the police officer is prepared Under Section 174 of the Code of Criminal Procedure, 1973. The scope of the section is investigation by the police in cases of unnatural or suspicious death. However, the scope is very limited and aimed at ascertaining the first apparent signs of the death. Apart from this the police officer has to investigate the place wherefrom the dead body is recovered, describe wounds, fractures, bruises and other marks of injury as may be found on the body, stating in what manner or by what weapon or instrument, such injuries appear to have been inflicted. From the above, it thus becomes clear, that the section aims at preserving the first look at the recovered body and it need not contain every detail. Mere overwriting in the name of the informant would not affect the proceedings. The fact of homicidal death was not in dispute and the manner in which the death was occurred is also not disputed. Then merely name being overwritten will not help the defence, when the contents of the inquest report was supported by the eye witnesses and also the medical evidences.
IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1033 of 2010, Criminal Appeal Nos. 1034-1036 of 2010, 

Decided On: 16.12.2015

 Bimla Devi and Ors. Vs. Rajesh Singh and Ors.

Hon'ble Judges/Coram:
Pinaki Chandra Ghose and R.K. Agrawal, JJ.

Citation: (2016) 15 SCC 448.

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