complainant presented the said
cheque for encashment, but the said cheque
returned on 28.11.2022 with an endorsements
as "Cheque Destroyed" ?
2. Whether ... dishonour of the said cheque. It is shows that
cheque is dishonored for the reason Cheque Destroyed.
Ex.P6 is the legal notice dated
Mahadevapura branch, Bengaluru on
16.9.2022 and the said Cheque was returned dishonoured with
reason "Cheque destroyed" on 17.9.2022. Thereafter, the
Complainant got issued ... Mahadevapura branch, Bengaluru on 16.9.2022
and the said Cheque was returned dishonoured with reason
"Cheque destroyed" on 17.9.2022. Thereafter, the Complainant
got issued
presentation.
3. That the cheque in question was returned unpaid with the remarks "funds
insufficient and cheque destroyed in system" vide returning memo ... clear that the cheque in question has been dishonored for the reason "funds
insufficient and cheque destroyed in system". It was argued that
stated that,
pertaining to his current account, cheque was lost, hence, he
requested to destroy the same. Therefore ... bank computer system, the particulars of Ex.P1-cheque were
destroyed. As per the bank entries of DW.2, the Ex.P1-cheque
cheque in question was not
issued in discharge of existence debt or liability rather is a stolen cheque and the
said cheque was destroyed ... whether the information of
cheque being stolen was given in writing. He also stated that the said cheque was
destroyed after receiving the information about
destroy means lost. In the
20 C.C.No.55834/2021
cross-examination he further stated that if the banker were
destroyed the cheque ... letter was prior before
presentation of Ex.P1 cheque. If the cheque was destroyed by
the banker as per Ex.D1 the endorsement
cheque were
dishonored by the said Bank on 12-01-2015 the ground
that the " cheque destroyed in system ". Thereafter, the
complainant approached ... ground that the "stale dated and cheque destroyed in
system". Thereafter, the complainant has issued a
statutory notice dated 16-05-2015 under
same was
returned on 21/11/2023 with endorsements as 'Cheque
Destroyed'. Same was intimated to the accused. Thereafter
complainant got issued legal ... replied to the accused.
The accused has intentionally issued the destroyed cheque in
favour of the complainant in order to cheat the complainant
and thereby
573769for Rs. 2,50,000/- issued be defendant no.1 destroyed when
the said cheque was received by the plaintiff bank in inward
clearing from ... issued by defendant no.1 destroyed when the
said cheque was received by the plaintiff bank in inward clearing
from Canara Bank, Asaf Ali, Delhi
cheque of Rs. 1,00,000/- from the bank and destroyed the said cheque..........
3.4 The petitioner says and submits that, after receiving the aforesaid ... when the concerned clerk went down, the petitioner stole that cheque No. 78725 and
destroyed it. As a matter of fact, no one had come
