being mentioned on the cheque (not over
Rs.20 crores) does not mean that the cheque was handed over prior
to the date appearing therein ... emerging from the record is that the cheque amount is
correctly mentioned. The cheque was never handed over earlier.
The cheque carried the endorsement
verification. Then, the cheque
and schedule are prepared. The SO/AAO signs on
the cheque slip and bill. Finally, the cheque is
signed ... holder
prepares the cheque and then bill alongwith the
cheque is sent to Assistant Accounts officer for
checking/signing. Thereafter the cheque is sent
deposed that they inquired him about the cheque and he told them that the
cheque was handed over to him by Brgd. Gopal ... bank. They inquired me
about the cheque and I told them that the cheque was handed over to me
by Brgd. Gopal and I gave
cheque to Sri Dilip Das,
Advocate as a security;
(ii) Let it be declared that the said cheque has
been illegally handed over ... cheque to Sri Dilip Das,
Advocate as a security;
(ii) Let it be declared that the said cheque has
been illegally handed over
redeposit the cheque once again after three months. The Respondent/ Plaintiff on 31.12.1998 deposited the cheque and again the said cheque was returned for insufficiency ... over a signed cheque, but Ex.A.1-Cheque was issued by him, but the signature in Ex.A.1-Cheque alone belong
drawer
of the cheque admits issuance/execution of the cheque
and secondly, in the event where the complainant proves
that the cheque was issued/executed ... security cheque from him. He simply stated that he
obtained the blank cheque from the accused, went to Nihali Bus
Stand, handed over the blank
cheque and signature on
the cheque and though the complainant admitted
that, has no objection for referring the cheque in
dispute for hand writing expert ... prescribes
that, the body of cheque should also be written
by the signatory to the cheque, a cheque could
be filled up anybody
drawer, if the cheque is duly
signed by the drawer - even a blank cheque leaf,
voluntarily signed and handed over by the
accused which ... return
of her cheque to the complainant but the
complainant informed him that, the cheque in
question was handed over to the Adishwara
Electronics shop
said cheque to Mr. Shankaregowda but he said
cheque was dishonoured as such complainant
brought back the said cheque handed over the same ... give the said cheque to Mr.
Shankaregowda but he said cheque was
dishonoured as such complainant brought back the
said cheque handed over the same
transaction with the
Complainant and also issued cheque and Pronote, then
how cum the disputed cheque was handed over without
signature ... Being mother and daughter denied the cheque
amount and contended that, blank cheque was handed
over.
23 SCCHÂ19
CC No.50985/2017
