AIR 2002 SUPREME COURT 38 ::2001 AIR SCW 4548 ::2002 CLC 618 (SC) ::(2002) 4 WLC (RAJ) 463 ::(2001) 93 DLT 666 ::(2001) 4 CurCriR 270 ::(2003) 2 RecCriR 262 ::(2002) 1 AndhLT(Cri) 41 ::(2001) 60 DRJ 371 ::(2002) 1 EastCriC 1 ::(2003) 3 Raj LW 1515 ::(2002) 1 Pat LJR 158 ::(2002) SC Cr R 7

Supreme Court Of India

(From : (2001) 1 Mad LW (Cri) 322)

Hon'ble Judge(s): K. T. Thomas, S. N. Variava , JJ

Negotiable Instruments Act (26 of 1881) , S.87, S.138— Invalid cheque - Can be re-validated voluntarily by altering the dates so as to give fresh life to cheques for another 6 months - Defence that alteration in the date was not made voluntarily - Would not constitute ground for quashing cheque dishonour complaint - It is question of fact to be established on evidence during trial. (2001) 1 Mad LW (Cri) 322, Reversed. A cheque which has become invalid because of the expiry of the stipulated period could be made valid by alteration of dates. There is no provision in the Negotiable Instruments Act or in any other law which stipulates that a drawer of a negotiable instrument cannot re-validate it. It is always open to a drawer to voluntarily re-validate a negotiable instrument, including a cheque.(Para 8) The first paragraph of S. 87 makes it clear that the party who consents to the alteration as well as the party who made the alteration are disentitle to complain against such alteration, e.g. if the drawer of the cheque himself altered the cheque for validating or re-validating the same instrument he cannot take advantage of it later by saying that the cheque became void as there is material alteration thereto. Further, even if the payee or the holder of the cheque made the alteration with the consent of the drawer....