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
took the
cheques and misused them. The story of the accused that
someone took away the cheques while traveling and same
were lost, and ends ... cheques were lost while traveling nothing
prevented the accused from issuance of stop payment
instruction to her bank in respect of lost cheques. Though
cheques at Exs.P1 to P3. Each cheques are valid for Rs.10
lakhs, under which, it was printed in the cheques ... issue 3 different cheques on
the same date. The complainant has utilized cheques of the
accused which got lost with the ulterior motive to make
dispute. The fact that, regarding
lost of cheques and other documents, the accused lodged
complaint before the Police Inspector of Kamakshipalya Police
Station, as found ... created doubt.
22. The accused strongly stated that, by misusing those lost
cheques, the PW.2-Suggarajaiah got filed the present case as
well
framing of notice stated that he got to know about
the lost cheques when his account was debited for an amount ... police station regarding the fact that the cheques in question
alongwith two other cheques, had been lost. In fact, as
regards cheque bearing
record copy of his complaint Ex. DW-1/3 regarding his lost
cheques. A bare perusal Ex. DW-1/3 would show that the accused ... mentioned the
cheque bearing numbers of the lost cheques in the complaint. It is pertinent to note that the
cheque in question was presented twice
since he had already made the
complaint with respect to his lost cheques, a fresh complaint with the bank was not
required. He further stated ... been on the point that he had made complaints regarding his lost cheques.
16 of 19
He stated in his statement recorded under section
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
wherein it was stated that his Cheque Book has been lost containing
some cheques signed therein alongwith two affidavits and,
therefore, it was requested ... just and fair conclusion. In the first report, Serial Numbers
of cheques of lost Cheque Book were not disclosed and it was
stated that Cheque
that five original
dishonoured cheques were lost, therefore, permission was sought
to adduce the photocopies of those lost cheques as secondary
evidence under Section ... complaint made before the police in respect of those lost
cheques and the originals of the cheques are not available with
the respondent
