Smt.Vinyasa N Prakash vs Smt.C.Indira Priya Darshini on 7 October, 2020
IN
cheque on 18.05.2019
cannot be believable and acceptable.
31. Coming to one more arguments of learned
counsel for accused that present cheque is old cheque ... examined his banker
to show that he has surrendered all his old cheque leaves
pertaining to State Bank of Mysore at the time of obtaining
58699/2018
14. The accused claimed that it is a old cheque and
issued about 7 to 8 years back. If it were ... issuance of the cheque
in this case is an admitted fact. The complainant
may not know whether the cheque is old cheque or
new cheque
draw the present cheque in question for any liability. It was further defended
that the cheque in question was given towards a proposed loan ... shows that DWl/accused during his cross-examination was put 2 old cheque
Ex.CW1/1B and Ex.CW1/1C which were admittedly
said cheque for its realisation. After its
dishonor, they got issued a notice to the complainant
through their counsel, demanding the payment of
cheque amount ... aware as to how come the said cheque
which was an old cheque of fifteen to twenty years,
reached the hands of the accused
compare the signature with the cheque involved in
STC.No.34 of 2012 with the alleged cheque in the present complaint.
6. On perusal ... alleged to be issued to the respondent must be
several years old cheque and the same was obtained by him. He further
stated that
when the complainant presented the cheque for encashment to his banker on
2.1.2004 the said cheque was dishonoured due to insufficiency of the amount ... encashed at that time. The complainant did so, however, the old cheque was
represented and the cheque was dishonoured on account of insufficient funds
which were collected by him during
the chit transaction and the old cheque of the
Accused has been misused by the complainant by
filing this ... respect of chit transaction and the complainant
has misused his old cheque and has filed this
complaint. It is relevant here to mention that
have borrowed Rs.12 Lakhs from the
complainant and have issued the cheque in
question to the complainant towards discharge of
liability. Even the complainant ... complainant has also admitted the Ex.C.1
cheque is an old cheque, therefore the very
admission of the complainant corroborates the
defence
other signatures and ink with regard to
fillings made in the cheque are appears to be different, the PW.1
without denying the same ... executed the questioned
cheque in favour of her. On going through the Ex.P1-cheque, it
disclose appears to be old cheque. On going