bank stating that her cheques were
lost, she is not knowing the number of lost cheques.
11. The accused in support of her case produced ... were lost and one of the
lost cheque is misused by accused. Ex.D-1 discloses that
entire cheque leaf book containing 10 cheques were
book with a request to stop payment in respect of the lost cheques. Pursuant to that, petitioner bank issued new cheque-book in favour ... When there was clear-cut direction to stop payment of the lost cheques, even then cheque was honored in favour of third party.
The counsel
amount. Further he contended that on 13.06.2006 he was lost some
cheques, on the same day he was lodged the police complaint and
also issued ... notice from the
complainant, the accused came to know that his lost cheques were
with the complainant and the said cheques were misutilized
order to prevent misappropriation of money by presenting the lost cheques filed an application to the Manager, P.N.B. Contai Branch for 'stop ... payment' in respect of the four lost cheques which was duly received by the bank official fixing seal of the bank and putting initial
application submitted by her with her bank with respect to her lost
cheques (Ex. DW1/1) and copy of the police complaint with ... also stopped the payment of the
lost cheques with her bank.
10.1. DW2 i.e. the bank witness has also supported the said averment
cheques in question were not issued by him to the complainant. As per him some
of his cheques were lost for which he gave intimation ... four cheques i.e.Ex.CW1/A to Ex.CW1/D. As per accused his few cheques were
lost and he gave intimation
Respondent that the cheques in question were the
stolen/ lost cheques. Coupled with this, the statement of the
Respondent in cross-examination that no payment ... cheques in good faith, was in no way
different from or in juxtaposition with the stand of the Respondent that
the cheques were lost/misplaced
cheques because of insufficient funds. The dishonoured cheques were, therefore, transmitted by the Varanasi bank to the opposite party bank but the cheques were lost ... cheques were not lost due to the negligence of the bank but were lost during postal transit. For the loss of cheques in postal transit
District Court. There defendant No.1 has argued that the
cheques were lost and have been misused by the plaintiff. In the written
statement ... been lodged.
However, the present application does not mention anything about lost
cheques or about any police complaint having been lodged. No copy
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
