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Showing contexts for: missing documents in Drawing Of The Cheque; vs Sharafudheen" Reported At 2003(2) Dcr ... on 4 April, 2012Matching Fragments
The accused entered into witness box as DW1 and deposed on the lines of defence taken by him in his statement U/s 313 Cr.PC as mentioned above. He stated that he never received any loan amount from the complainant. On 22.7.09, some documents i.e passbook (copy of which has been marked as D1/A), cheque book, matriculation certificate, disability certificate and caste certificate were misplaced and NCR no. 2032/09 with PS Ashok Vihar Ex DW1/1 was registered. On 11.6.10, he gave complaint Ex DW1/2 to concerned SHO regarding missing of aforesaid documents. He further deposed that he also complained about the missing of the aforesaid documents to Bank Manager, SBI, Wazirpur, Industrial Area, Delhi. He had also sent reply mark D1/B(also Ex CW1/15) to the notice sent by complainant. During his cross examination, he deposed that he did not know the person who has filed the case against him. He admitted that NCR filed by him, does not mention the number of cheques lost as well as loss of any cheque book. He admitted that the cheque in question bears his signature but claimed that the amount is not filled up by him. He also admitted that he had not disclosed the number of lost cheques to his bank. He did not remember as to how many leaves were there in the cheque book which was got issued by the bank. He admitted that he did not instruct his bank in writing about "Stop Payment" with respect to the cheque in question. He deposed that he came to know about the dishonour of said cheque only when he had received the legal notice sent by complainant. He testified that he receives handicap pension which is credited in his account after three or six months during which period he used to visit the bank for receiving the same. He also produced fresh pass book which was issued to him on 24.7.09 showing therein all the transactions which took place. The photocopy of the said pass book has been proved as Ex as DW1/C1.
It is relevant to mention here that cheque in question Ex CW1/1 which is dt. 15.4.10, was lastly dishonoured by the banker of accused vide returning memo dt. 21.5.10 Ex CW1/9 and demand notice dt. 02.06.10 Ex CW1/11 was also served upon the accused vide AD card Ex CW1/14 atleast before 14.6.10 as reply dt. 14.6.10 Ex CW1/15 was also sent by accused through his counsel to the counsel of complainant. The falsity of the defence taken by accused is apparent from the fact that he claimed in reply dt. 14.6.10 Ex CW1/15 that he had lodged complaint before SHO PS Ashok Vihar vide NCR no. 2032/09 about missing of his documents including 23 signed cheques in the cheque book on 22.7.09 despite the fact that said NCR was totally silent about missing of any cheque book or 23 signed cheques therein. Not only this, photocopy of relevant entry of pass book retained register proved as DW2/B also fortifies the fact that only pass book was issued to the accused against his written request on 24.7.09. The testimony of DW2 Sh. Balwan Singh Bisht examined by accused himself, also corroborates this fact. In fact, the testimony of said witness demolishes the stand/defence taken by accused that his cheque book had been lost on 22.7.09 as the said witness categorically stated during cross examination that the accused never made any request about loss of his cheque book with the bank at any point of time prior to 03.3.10.