vol-2

Mere proof of  Exhibit P.1disputed cheque was one of cheque leaf in Exhibit D.2, and all the leaves in Exhibit D.2 [check book  ] was seen used in the year 1987 itself did not empower the accused to ask for acquittal, in the absence of definite stand in the cross examination of the complainant – in the absence of proof of   material alteration of the cheque from 15000/- to 45,000/- and in the absence of challenge of date and year of the cheque 1989 – Once the execution was admitted and once the signature was admitted – the burden lies on the accused of which  the accused failed to discharge  Apex court held that the trial court recorded hasty acquittal which was correctly set aside by the High court.