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Section 138 NI Act- Burden Is Upon Complainant To Prove Alteration Of Name Of Payee Was Made By Accused Himself: Kerala HC [Read Judgment]

The Kerala High Court has held that when there is an alteration in the cheque with regard to the name of the payee, the burden is upon the complainant to prove that such alteration was made by the accused himself or that it was made with the consent of the accused.In Geemol Joseph v. Kousthabhan, Justice R. Narayana Pisharadi also …

Accused

The Supreme Court has held that subsequent filling in of an unfilled signed cheque is not an alteration and even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque …