endorsement stating that "refer to drawer/cheque destroyed".
Regarding Ex.P2 is concerned, the bank issued endorsement
Company to produce the bounced
cheque. But for this they say due to heavy rain
the said cheque was destroyed in their office.
Further ... stated that he does not know
when the said cheque was destroyed due to
heavy rain. Further RW1 has admitted that
nowhere it is mentioned
cheque. But, she was asked to
keep it with her. On the next evening, Sri Suresh Babu
came again and collected the cheque and destroyed ... therein with regard to
the cheque for Rs.20,00,000/- being handed over and
the same being destroyed are also denied and the
allegation
deceased on blank cheque leaves. An
amount of Rs.90,000/- was entered in a cheque and the
said cheque was tried to be encashed ... accused
themselves volunteered to show the place where they
had destroyed the cheque leaves and had burnt the
cheque book and other articles belonging
official
position/exceeding the sanctioned limit, you have
authorised for payment a cheque for Rs.35,000/-
drawn on SKCC ... While functioning. in your position as above,
you have misplaced / destroyed : a cheque No.598590
dated.27.12.2000 drawn. 6n- your
petitioner
submits that the bank has issued an endorsement
stating that cheque is destroyed as per customer
request letter and based on the said endorsement ... learned Magistrate has dismissed the complaint. He
further submits that the original cheque with respect to
which the case is filed is still in possession
favour of a person, who, without consideration, became the holder of the cheque.
4. In the decision of the Andhra pradesh High Court, the words ... 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 requested the
complainant to return the cheque, he informed that both the
cheques have been destroyed. According to him, the complainant
and one Suresh ... informed that the
cheques are torn and thus destroyed. The trial court on
observing the cheque - Ex.P1, has noticed that the cheque
question whether on account of crossing, cheque
ceases to be a "bearer cheque" came up for consideration of
Allahabad High Court in DURGA ... held,
A cheque is under the law a negotiable Instrument.
Its negotiability can be destroyed only if it is marked
as "not negotiable
trial Court has
acquitted the respondent on the ground that the cheque has
been materially altered.
4. Though at the time of taking cognizance ... view of material
alteration of cheque the said presumption drawn in favour of
complainant has been totally destroyed. It is just and
necessary to find