also destroyed
CCTV footage of the shop. The prosecution further
alleges that for the purpose of cheating, accused have
destroyed the cheque which is issued ... that the
accused No.1 and 2 have destroyed the CCTV footage
and also destroyed the cheque. To prove that CCTV
C.C.No.23630
Bank Ltd which
states that cheque bearing no.389268 (cheque in question) from account
no.007501028795, has been destroyed in our system ... PAGE NO.8 OF 11
is a stolen cheque and the said cheque was destroyed by Bank in 2015.
In the support of his defence
said cheque was put to the
Appellant-convict as follows:
Q1. Do you admit your
signatures on the cheque in
question ?
Ans. Yes. Cheque ... Mark X). This cheque got
dishonoured on presentation. On 17.12.2016, appellant visited the
complainant, took the dishonoured cheque with return memo,
destroyed them
returned to him by the complainant stating that same has been
destroyed. The cheque in question had been misused by the
complainant.
5. The accused ... cheque, complainant told him that same has been destroyed.
Thus complainant had misused the cheque in question.
24. However, this version regarding committee, taken
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
apprised to the first respondent, he gave the Ext.P2 cheque, which,
on presentation was dishonoured due to insufficiency of funds and that
gave ... with him,
which were destroyed by him.
10. Having admitted that the Ext.P1 cheque was issued in a signed
settled between them and the said blank cheque
Page - 9 of 22
and stamp papers were destroyed by the complainant in her presence.
Subsequently ... complainant were destroyed by the complainant in
her presence. Therefore, question of using blank cheque against her is
redundant. Moreover, though she denied to have
Police, Rasipuram, to produce the original cheque. The Inspector, took a stand
that, he has handed over the cheque to the accused. Therefore, the complainant ... cheque and produce it before the
Court. In case of the cheque has not been produced or if it
has been destroyed by the accused
Bank
along with cheque, the cheques that were returned by the
drawee Bank with an intention to destroy the evidence
available on record ... cheque is not encashed
then the cheque will return by the drawee
Bank to us". "It is true to suggest that
whenever cheque
Under such
circumstances, the complainant is a holder of cheque and
possessor of the cheque in question as per Section ... 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
