ground that was taken by the petitioner
was that he had lost 22 cheques issued by the Indian Bank and out
of the same ... petitioner as to when these
cheques were lost and which of the wives had lost these cheques
since the petitioner had more than one wife
dozen persons, strangers and relatives, in his employ to cash these bearer cheques in order apparently to imply that the bank had become accustomed ... that the bank will register instructions from the drawer regarding the cheques lost, stolen etc., but cannot guarantee constituents against loss in such cases
held that the defence of the petitioner/accused that he had lost the cheques, has not been proved. On the defence that the complainant ... that though, the petitioner/accused, had put up a defence of lost of cheques and pleaded that the complainant had misused the blank cheque
cheque and 12 other cheques were missing and that the missing/lost cheques were obtained two, three years before the year 2009 from the Bank
other two cheques did come under the custody of the complainant if really other cheques were lost as mentioned in the public notice ... evidence in Ex.D2 Letter, it was mentioned that six cheques were lost.
25.The clear-cut stand of the Appellant/Complainant before this
other two cheques did come under the custody of the complainant if really other cheques were lost as mentioned in the public notice ... evidence in Ex.D5 Letter, it was mentioned that six cheques were lost.
26.The clear-cut stand of the Appellant/Complainant before this
there was no averment stated by the
accused that the disputed cheques were lost, which is wholly contrary to
facts. Further, the learned counsel appearing ... executed any cheque in favour of the
appellant/complainant and he lost his cheques on 08.08.2012 itself and he
sent a letter to the bank
statutory notice only the accused had preferred police complaint stating that
cheques are missing. Therefore, it is an after thought. Added to that, the accused ... alibi as an after-thought and also the plea of
cheques lost also without prior details viz., where it was lost and when
that the cheques were his cheques but denied that he has not signed the cheques and that the cheuqes have been lost. If really ... petitioner, it was not stated by the petitioner that the cheques were lost or stolen or misused by the complainant/respondent. Even during the questioning
original cheque from the predecessor court soon after its
numbering but subsequently lost it while in their custody
during the process of making photocopies ... Supreme Court
of India addressed the issue of lost cheques and the
admissibility of secondary evidence. The court held that if
the complainant is able
