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"6. That on 04.11.2004 in the presence of one Mr.Dev Raj Jain s/o Sh.Sham Lal Jain, r/o Harcharan Nagar, Near Shingar Cinema, Ludhiana, the accused No.1 & 2 informed the complainant that the above said two cheques bearing numbers 388926 and 388927 had been misplaced somewhere. They also requested the complainant to issue new cheques of short dates in lieu of the above said purportedly lost cheques.

7. That the complainant trusted their wording and upon an assurance of returning the lost cheques to the complainant if & when found, he issued, in the presence of Mr.Dev Raj Jain, to the accused No.1 & 2 two new cheques bearing numbers 388928 dated 08.11.2004 for Rs.165600/- and cheque No.388929 dated 10.11.2004 for Rs.75400/- in lieu of the purportedly lost cheques. The detail of the cheques is given in para 4 above.

11. That with malafide intention of cheating the complainant, and in a criminal conspiracy with each other, all the above said accused presented the above mentioned two cheques bearing numbers 388926 and 388927 in their bank on 10.05.2005. It is pertinent to mention here that these are the same cheques which the accused had claimed to have lost and the payment of which had been got stopped in the bank by the complainant, and in lieu of which fresh cheques bearing numbers 388928 and 388929 of the same amount respectively had been issued and had been already cleared by the bank."