- (1.) The petitioners had faced trial under Section 138 of the Negotiable Instruments Act, 1881 (for short- "the Act") . The trial Court, vide judgment/ order dated 16.5.2007 convicted and sentenced the petitioners qua commission of offence punishable under Section 138 of the Act. Aggrieved by the said judgment/ order, the petitioner preferred an appeal and the same was dismissed vide judgment dated 13.2.2009 by the Appellate Court. Hence, the present revision petition.
(2.) Learned counsel for the petitioners has submitted that the Courts below had erred in ordering the conviction and sentence of the petitioners under Section 138 of the Act. The complaint was based on a cheque which had been materially altered. The petitioners had closed their account on 10.7.2003 and at that time the cheque book had been lost. The petitioners had lodged DDR No.13 of 5.9.2004 (Ex.DW-3/A) in this regard. Hence, the complaint filed by respondent No.2 was liable to be dismissed.
(3.) Learned counsel for respondent No.2, on the other hand, has submitted that complainant- respondent No.2 had been successful in establishing his case. The petitioners had failed to point out that there was any material alteration in the cheque in question After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.;