torn a colour photo
copy of the cheque. The respondent thought that the original
cheque was destroyed. No monetary transaction did exist
between ... post destroy of the cheque. According to
learned counsel, the statutory demand notice is silent to
disclose what kind of transaction it was. The learned
existed between the drawer and the payee (it being understood that the cheque was being given as and by way of accommodation). This practice then ... thereon from the parties thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time
cheque of Rs.25 lacs issued
by the petitioner towards security deposit would be returned to the petitioner or the
said cheque would be destroyed ... instructions to their bankers to stop payment in respect of the said
cheque of Rs.25 lacs issued by the petitioner. There was further correspondence
holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof ... thereon from the parties thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time
bank
regarding the return of the cheque as
unpaid; and
(c) the drawer of such cheque fails to
make the payment of the said amount ... thereon from the parties
thereto.
Where the note, bill or cheque is lost or destroyed,
its holder is the person so entitled at the time
cheque of Rs.25 lacs issued
by the petitioner towards security deposit would be returned to the petitioner or the
said cheque would be destroyed ... instructions to their bankers to stop payment in respect of the said
cheque of Rs.25 lacs issued by the petitioner. There was further correspondence
maintained when cheques are dishonoured. They
are Cheque Returned Register and Dak Book. The cheque return
memo dated 21st May, 1997 bearing the signature ... cheque to the
complainant / payee on the same date on which cheque is returned
by bank. That is why he tendered in evidence the Cheque
Prajyot Jewellers. He is the holder in due course of
the said cheque.
15. Section 8 of the N.I. Act, defines the expression ... thereon from the parties
thereto. Where the note, bill or cheque is lost or
destroyed, its holder is the person so entitled at the
time
accused that the cheques were destroyed. The accused has
produced on record cheque book Exh. 36 to prove the entries to
the effect that ... handed over
Cheque Exh. 20 to Kamal Kothari. The name of the payee and the
date were not filled in. The said cheque
Award Debtors has
handed over to the Applicant/ Decree Holder a
undated cheque bearing No. 507079 drawn on
Bank Of India, Churchgate Branch ... obligations by
the Respondents/ Award Debtors, the said
cheque shall be returned or destroyed
forthwith, and no rights shall accrue to the
Applicant/Decree Holder
