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
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
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
question of the complainant that on whose
instruction, was the cheque destroyed in the system, the
bank has replied that as per the customer request ... cheque was destroyed in the system.
(C.C.No.19886/2022
Judgement)
6
10. According to the learned counsel for the accused if the
cheque
cheque was just
two years old document as date of cheque is 18.11.2010.
As per the deposition of PW3 the original cheque was
destroyed ... cheque. Under these
circumstances it can be safely inferred that, at the time of
attestation of Ex.P7, the original cheque was not
destroyed
present the
cheque on 27.07.2018 for encashment and assured him that the
cheque would be honoured. Accordingly, the complainant
presented the said cheque for collection ... said
cheque for encashment. Accordingly, the complainant presented
8
CC NO. 29423 / 2018
the said cheque for collection on 11.09.2018, but again the
cheque came
discharge the liability, the accused No.2
had issued a cheque bearing No.572733 dated 10.01.2023 for
a sum of Rs.79,26,500/ drawn ... Corp and when
the said cheque was presented for collection, same was
dishonoured with an endorsement 'Cheque destroyed' on
12.01.2023. As the complainant
