Indian Kanoon - Search engine for Indian Law

- 17 -

36. Further, to establish the relationship of landlord and tenant and arrears of rental dues, the complainant has produced two Lease Agreements as per Ex.P11 and Ex P12 and Surrender deed as per Ex.P9. Though the accused has denied the execution of the documents in favour of the complainant, but has categorically admitted his signatures in the said documents. Therefore, the burden is on the accused to disprove the execution of Ex.P9, Ex.P11 and Ex.P12 documents. The accused is not an ordinary person to issue signed blank stamp papers and signed blank sheets to the complainant. On the other hand, he is a businessmen running an industry in supply of mineral water bottles having vast knowledge in the business field. No reasonable prudent man is expected to hand over blank signed papers to an individual. The accused has never whispered anything as to Ex.P11 and Ex.P12 documents in his reply notice. It is only during evidence, the accused had taken the defence that, he had issued two signed blank cheques, signed blank stamp papers and other few signed blank papers to the complainant and the same were misused by the complainant. Except denial of execution of documents the accused has not placed any cogent material evidence to disprove the Ex.P9, Ex.P11 and Ex.P12 documents. Even the accused has not taken any steps to get return of signed blank cheques, stamp paper and other signed blank papers even after alleged repayment of Joan. What prevented the accused to initiate legal action against the complainant for having misuse of cheques and signed blank papers has not been properly accused deposed that, he had lodged a complaint before explained by the

- 18 -

accused. Though in his evidence the accused deposed that, he had lodged a complaint before jurisdictional police in this regard, but has not produced the complaint or copy of FIR registered against the complainant.

37. Coming to the crucial document which made the complainant to agitate his right before the Court i.e., Ex. P9 surrender cum agreement, the same was executed on 18.01.2019 wherein it appears that the accused had surrender back the industrial premises namely 'Prem Prasad Bottling' to the complainant along with machineries and other equipments to the complainant and had issued the Ex.P1 and Ex.P2 cheques in respect of the amount due to the complainant. The accused has not at all disputed his signatures in Ex.P9 surrender deed. That apart the wife of accused also signed as a witness to the document. Though the accused contended that, he had issued signed blank stamp paper and signed blank papers at the time of obtaining loan from the complainant, but has failed to substantiate the same with cogent material evidence. It is well settled that, once the signature in a document is admitted, the contents thereof also deemed to be admitted and the person who disputes execution of the documents, the burden is on such person to disprove the same with cogent material evidence. Mere denial of contents of the document will not serve any purpose."

44. It is the specific case of the accused that since he has been examined as a witness and he has deposed against the complainant that complaint has misused the signed blank cheques which were in his custody and signed stamp paper which was in his custody to create the documents, he has proved his case.

- 36 -

45. If the version of the accused that misappropriation of blank cheques and blank stamp papers is to be accepted, accused being business man should have taken necessary action against the complainant by filing a criminal complaint for the alleged misuse.