when the
defendants issued cheques for final settlement, on
4.11.2008 when the defendants issued cheques in lieu
of lost cheques, on 13.3.2009 when the cheques ... said cheques in their bank i.e, Syndicate
Bank, Sheshadripuram branch. But here PW1 being
the educated person has not intimated the cheques lost
while
wife;
iv) The cheque in dispute is one of the lost cheques
of the Accused, which has been misused by the
husband of the Complainant ... about the action that, he had allegedly
taken pertaining to his lost cheques,
31 C.C.No.26589/15 J
73. Though the Accused
totally stranger to him and
while shifting the house he has lost 5 cheques bearing No.026090 to
026094 of ICICI Bank. Hence ... totally stranger to him and
while shifting the house he has lost 5 cheques bearing No.026090
cheques were kept. Cheques in question had not been filled
by him or on his instructions and the complainant had misused the lost
cheques ... lost. It is submitted by counsel for
complainant that complainants of both the cases are friends and they must have
received the lost cheques
cheques. In lieu thereof, appellant Rishi issued two fresh
cheques in favour of Chandrakant. Subhash Babu also issued
one more cheque; however, these fresh cheques ... about 40 persons in similar manner. The
defence that he had lost cheques which were misused by the
victims is of oft repeated defence, which
sent by
us in time. Since you have not received the cheques for the
aforesaid months, we have once again sent the payments ... meantime looking into the matter as to
what happened to the lost cheques.
We assume that it is not a case of default
fact lodged a complaint against the
petitioner that, his cheques were stolen in the year 2013
6
or 2014 itself and there was no occasion ... cheques were lost by him in the year 2013, precisely on
16.7.2013, but it was actually he has lost the cheques
in the year
appellant/defendant only reported that the two
blank cheques of Axis Bank were lost as they had fallen down, and not
the entire cheque book ... wife on 28.06.2011. He has not
stated that two cheques were lost by his wife. In cross-examination DW-2
Smt. Rekha stated that
signature found on the
cheques. The only defence taken up by the accused is
that, the said cheques were lost by the accused ... other
16
material is available that, the accused has actually lost
the cheques much prior to the date of presentation of
the said cheques
evidence, the
petitioner has taken a specific defence that he lost cheques
including the subject cheque i.e., Ex.P1 from the custody ... from whose
custody the cheques were lost. That apart, when the petitioner
has realised that he lost his cheques from the custody of
S.Krishna
