cheques are in different ink and the handwriting in the cheques
is in different ink. It is suggested that the complainant has
misused the cheques ... cheques and he
categorically admits in the cross-examination that in his reply
notice he did not mention that those cheques are lost
encashment
and they were returned with an endorsement that they were lost
cheques. Therefore, the complainant had issued legal notice to the
accused. The same ... large number of
cheques issued to third parties have been duly encashed and if indeed
the said cheques had been lost and had been duly
Admittedly,
the cheques bear the signature of the accused. It is the defence
of the accused that cheques were lost and in order to
substantiate ... more than 2
years even after coming to know that the cheques are lost. Since
the complaint was given on 08.01.2004. It is also pertinent
though the accused has taken up a specific defence that
the cheques were lost, he has not disclosed whether they
were signed by him when ... subject cheques, it is hard to believe that the bonds which
were executed and given along with the cheques are lost.
The production of said
defence was taken that cheques are given as security and as
against this defence, it is contended that cheques are lost and
hence intimation ... cheques and in one breath he says that cheque was
given as security and in another breath he says that cheques
were lost and complaint
lost where
the same have been lost is not stated and also even not
examined the said Chandramma for taking of the Cheques
from ... lost and
where it was lost nothing is stated in the Ex.D4, but at the
time of defense, it is stated that Cheques
case on hand.
The accused has taken the defence of lost cheque
and he was able to show that there was no legally
enforceable debt ... Kant.),
the theory of defence pleaded is "lost cheques"
and the accused was acquitted on the ground
that there was a basic defect
given any cheques in
favour of Devraj Urs, but he lost the cheques. He also admits
that he gave the complaint to the police ... given
any reply. D.W.2 also categorically admitted the cheques were
lost from the business concern being run by the wife of the
accused
accused
contended that the cheque book containing the cheque in
consideration was lost on 02.07.2008 and that accused had
not only given complaint to police ... accused to follow up his
intimation to the police about the lost cheques with instruction
to his banker not to honour such cheques clearly substantiates
signature of police
officials and also does not disclose that the cheques
were lost.
5. On perusal of the evidence ... arise. Respondent
has taken a contention that while traveling he has lost
10 cheques and he has intimated the same to the bank
