cheque. In the
case in hand, as is stated above, the cheque in question, which was
lost in transit, was a dishonoured cheque ... said case, the cheque was sent for clearance and it was returned
with endorsement "cheque destroyed". It was held that the bank
bank in collusion with drawee of
the cheque. Issuer of the cheque has refused to issue
fresh cheque to the complainant. There was insufficient
amount ... cheque. In order to save the issuer of the cheque
from legal consequences of dishonour of cheque, the
opposite party/Bank has destroyed the cheque
with whole body
treatment. Dr. Shalini assured to destroy cheque for Rs.53,447/- but OP on
30.01.2006 encashed the cheque. The complainant resisted
respect of the said Cheque Book as he himself indulged into destroying the Cheque
Book, the Inquiry Officer has not appreciated the said evidence. Hence
drawn on PNB, Morar for Rs.6,80,000/-. The cheque was cleared on
02.11.2007 in the name of Vikas Jain. On 30.10.2007, cheques ... same was paid in cash to the seller
and the said cheque was destroyed. The AO in view of this found that there
conference.
5.1. The appellant inter alia submitted that he had presented a cheque issued in his
favour, however, the same was returned ... they informed him and had given him a certificate
that the cheque was destroyed.
5.2. The respondent while defending their case inter alia submitted that
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 ... same was allowed to be destroyed by him. It is
understood that when the cheque comes in the custody of bank authorities
opening form.
He was issued 3 cheque books.
The date of issuing of second cheque book and third cheque book is within a span ... cheque books issued there are acknowledgments from him for
having received them. The third cheque book issued on 28-12-2013 is seen in
destroyed
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
respondent, on that very
day and the respondent withdrew the cheque,
agreeing to destroy the same and debit entry was
made in his account. Also ... respondent went to the appellant's Bank, withdrew
the cheque, which was destroyed by the respondent
and debit entry was made to the account
