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
issued
the cheque bearing No.715638 and not the cheque in
question i.e., cheque bearing No.715639.
5
Crl.A.No.1414/2017 ... amount in
cash, took back the cheque for Rs.6,70,000/- i.e., cheque
No.715638 and destroyed it. Ex.D-5, the original
complainant. Every time, the
complainant would assure that he had destroyed for cheque for the
said payment. I believed the assertion of the complainant. However ... make the payment to him, I used
to till him to destroy my cheque that had been given for the particular
transaction. After about
theft or
loss of cheques. Even though Ex.P1-cheque is not
destroyed, it is disclosed ... that cheque No.555 I.e
Ex.P1-cheque and seven other cheques have been
destroyed. There is nothing in the said document
Complainant
is a money lender and he used to take blank signed cheque
from the borrower and charging the exorbitant rate of interest ... given three cheques and one cheque was encashed
by the Complainant towards payment of interest and one
cheque was destroyed by the Complainant
cheque. But signature on
the cheque is admitted by the accused.
10. The specific defence of the accused is that the disputed
cheque was given ... evidence of DW.2 the disputed cheque
has been destroyed as per the endorsement which is marked
as EX.D4. The evidence
made a statement
in their letter dated 31.08.2016 that the cheque had been destroyed by Mr. Julifkar Ali
Bhutto. It is not understood ... appellant wherein it was
mentioned that Shri Julfikar Ali Bhutto had destroyed the cheque. However, the
respondent had failed to provide any documents justifying their
further submitted that he
gave instruction to his banker to destroy the said cheque when Raju Bansal did
not return the cheque ... issued by Punjab National Bank, the
cheque number 698894 i.e. cheque in question was destroyed in the system on
28.01.2014. This fact belied
know about
dishonour of cheque on 26.07.2011, the defendant no.1 had
requested the plaintiff to present the cheque again but on request ... aforesaid cheque and informed defendant no.1 that it had
destroyed the cheque and defendant no.1 need not worry for the
same
petitioner-Pranay Vijay
wherein dates were mentioned and a third cheque was also given
without date to the petitioner-Pranay Vijay for the purpose ... agreement to sale was destroyed by the petitioner and the cheque
amount given to him for the purpose of construction of building on
the plot