Amounts written in different inks render negotiable instrument void: MHC

The Madras High Court recently held that amounts written in different inks in a promissory note without any justification amounts to material alteration and would render the promissory note void.

Any material alteration without the consent of the parties would render the negotiable instrument void as per section 87 of the Negotiable Instrument Act. Thus, the duty of proving consent of parties is also cast upon the plaintiff as the duty to prove the promissory note lies with the plaintiff.

The Court further held that since the First Appellate Court is the final court to settle facts it is the solemn duty of the First Appellate Court to examine facts in all cases and such examination is within the confines of law.

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