ચેકની વિગતમાં ફેરફાર કરવા અંગે ચેક આપનારે સંમતિ આપેલ હોય ત્યારબાદતે આવા ફેરફારથી ચેક વોઈડ થવા અંગેની તકરાર લઈ શકે નહીં.

રીલેટેડ પેરેગ્રાફ :

Negotiable Instruments Act (26 of 1881), S.87,  S.138- dishonour of cheque.

There is no provision in the Negotiable Instruments Act or in any other law which stipulates that a drawer of a negotiable instrument cannot re-validate it.It is always open to a drawer to voluntarily re-validate a negotiable instrument, including a cheque.

Section 87 of the Negotiable Instruments Act, which reads as follows :

“87. Effect of material alteration – Any material alteration of a negotiable instrument renders the same void as against any one who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties :

Alteration by indorsee – Any such alteration if made by an indorsee, discharges, his indorser from all liability to him in respect of the consideration thereof.

The provisions of this section are subject to those of sections 20, 49, 86 and 125.”

The first paragraph of Section 87 makes it clear that the party who consents to the alteration as well as thew party who made the alteration are disentitled to complain against such alteration, e.g. if the drawer of the cheque himself altered the cheque for validating or re-validating the same instrument he cannot take advantage of it later by saying that the cheque became void as there is material alteration thereto. Further, even if the payee or the holder of the cheque made the alteration with the consent of the drawer thereof, such alteration also cannot be used as a ground to resist the right of the payee or the holder thereof.(para- 8,9)