CONSEQUENCES OF MENTIONING WRONG CHEQUE NO., DATE ETC. IN LEGAL NOTICE AND COMPLAINT    Present appeal is filed against the judgment of acquittal in offence u/s. 138 of Negotiable Instruments Act. The substances of complaint is that, accused and complainant are known to each other for more than 10 years therefore Complainant has given hand loan to accused. For repayment of loan accused issued blank cheque. On presentation cheque dishonoured for want of sufficient funds. Later on complainant issued legal notice and filed complaint in court.   The trial court acquitted the accused as there are discrepancies regarding the cheque no. and date mentioned in the sworn statement and in legal notice.   In the present case, cheque no. and date were mentioned, though they are wrong they are not altered and the cheque is presented in its original position. It is not the case of accused that it has been materially altered. In so far as evidence is concern it is unchallenged testimony and accused chosen not to contest matter. The vary date of cheque though wrongly mentioned in the legal notice does not altered the rights of complainant under the cheque, neither does it fall in the grew of material alteration or other aspects of validity. Therefore the judgement passed by trial court cannot be sustained and it is liable to be set aside.   Shanthamma vs. Sunanda Reddy, Cr.A.No.1160/2011, Karnataka