THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.6326 of 2009 BETWEEEN: U.V.Ramana Murthy Raju, S/o. Rajan Raju … Petitioner AND The State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6326 of 2009 ORDER: The petitioner is accused of offence punishable under Section 138 of the Negotiable Instruments Act in CC.No.453 of 2004 on the file of Judicial Magistrate of the First Class, Nandyal for dishonour of cheque dated 12.12.2003 said to have been drawn by the accused in favour of the 2nd respondent- complainant. The only contention put forward by the petitioner’s counsel in this criminal petition is that the cheque was dishonoured on the ground of alteration in date of the cheque and that therefore, the complaint does not lie. The petitioner’s counsel pointed out that the said alteration is evident to the naked eye from 12.12.2002 to 12.12.2003. In case, the cheque was dishonoured on the sole ground of alteration in date of the cheque, then the matter would have stood on a different footing. In this case, the cheque was dishonoured on two grounds namely “funds insufficient” and “alteration in date”. As per the allegations in the complaint and in the notice, the cheque was a post-dated cheque with date as 12.12.2003. The question whether the cheque as it was drawn originally was bearing date as 12.12.2002 or 12.12.2003 is a question of fact which has to be gone into and decided by the lower Court after recording evidence of both the parties. Apart from the said ground of alteration in date, this cheque was dishonoured on the ground of lack of funds in the account of the drawer of the cheque. Therefore, it cannot be said that the complaint filed by the 2nd respondent in the lower Court does not lie. Ultimately, It is a question of fact regarding the date mentioned on the cheque. 2. Hence, the criminal petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 11.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.6326 of 2009 DATED: 11.04.2011 ysk