said reason the said
Swamy @ Venkategowda has misused her blank
signed cheque which was given to him during the
year 2012 through the present complainant ... also
admitted that, disputed cheque is also one of the
cheque out of the signed blank cheques issued in the
year 2012, handed over
insisted by the father of the
complainant to give signed blank cheque and signed
blank On demand promissory note for security
purpose of the said ... said Sri.Shankarappa and
requested him to return the blank signed cheque
and promissory note and even after repeated request
he has not return
Trial Court has failed to consider that,
the Respondent had obtained signed blank cheque
and DP Note with Consideration Receipt;
8 Crl.Appeal.No.25070 ... that the Cheque-ExP1 belongs to Accused
No.1 Firm. At the time of issuing the said Cheque the
same was signed Blank Cheque
Trial Court has failed to consider that,
the Appellant had issued signed blank Cheque to
Munirathaniah and not the Complainant;
e) The Trial Court ... Cheque at Ex.P1 is my
cheque. The witness said to was given
to one Munirathnaiah when it was
blank cheque. Signature
collected blank signed cheque of
the Accused i.e., the disputed cheque as a security
towards the loan transaction and the said cheque is
misused ... section 138 -
Dishonour of cheque for insufficiency of funds
Plea of accused that he had given a blank
cheque signed as security for a transaction
cheque -
Accused admits to have signed cheque
and handed it over to complainant -
Defence raised by accused that said
cheque was issued as a blank ... section 138 - Dishonour of
cheque for insufficiency of funds - Plea
of accused that he had given a blank
cheque signed as security for a
transaction
subsequently, the Complainant colluding with his
mother, misused her duly signed blank cheque and created the same
for his convenience ... cheque for his convenience by
misusing the duly signed blank cheque of this accused issued by her in
favour of his mother for the security
available with his
cheque, he had issued her duly signed blank cheque as a security and
given to the mother of this ... 3706/2012
signed two blank cheques and also given her a duly signed blank
cheque to this Accused as he was not available with
Second defence taken by the Accused
is that, he had issued signed blank Cheque in the
transaction of sale of the property and the same ... that in the year
2016 this accused has issued the signed
blank signed cheque to me requesting me not
to sell the property to anybody
manner;
c) The Trial Court has failed to consider that, a
blank signed Cheque, was issued as a security;
d) The Trial Court has failed ... persons prove on the basis
of preponderance of probabilities
that, the blank signed ChequeEx.P.1
was issued, as security?
3. Whether the Appellant