cheque (Ex.P/1) are not in dispute. The only defence
taken by the respondent/accused is that aforesaid cheque was lost when ... payment of Ex.P/1's cheque stating that Ex.P/1's
cheque was lost and non-filing of any reply
through bank and remaining amount was paid through cash. As
he lost cheque in his office intimation was given to his banker for
stop payment ... cross
examination of PW1 accused has taken the contention that the lost
cheque of the accused has been misused by the complaint and
filed
Cheque lost in transit -
Remedy for last cheque in question - Held - Where
the cheque had been lost in transit the complainant
may take necessary steps ... payment of the said cheque immediately
and to arrange a duplicate cheque. In the said document, the details
of the cheque are same as mentioned
himself that after return of the cheque
dated 14.10.1999, when he had received the said
cheque, it was lost/misplaced and he did not trace ... prove the loss
of original cheque. The complainant may give
secondary evidence relating to the cheque lost if he
proves any one of requirements enumerated
signed cheque but will use unsigned cheque by forging the signature of
drawer and that to at two places on the same cheque. This ... amount in the cheque if he is going to risk forgery and cheating in respect of
the cheque.
6.4. Story of lost cheque
lost by this
accused/respondent. Accordingly he has given a reply
notice Ex.P.8 to show that he lost the cheque in a hotel ... issued this cheque.
The complainant has produced the said cheque which is at
Ex.P.1 which shows that the cheque was issued in favour
some of them were blank. Taking undue
advantage of the lost cheque book, the complainant
filed the present case. Hence the learned counsel made
submission ... that regarding the lost cheque the revision
petitioner-accused produced satisfactory material
before the trial Court, even then the trial Court
Bank and ICICI Bank Cheque book along with some confidential
papers. The accused further deposed that, the cheque books lost contained blank signed
cheques ... dishonour of cheque from his banker. Accused further deposed during crossÂ
examination, that he does not remember which cheque book series was lost
fresh cheque book on account of loss of his previous cheque book
further shows that cheque book of accused had not been lost. The accused ... have
clearly showed as to when the lost cheque out of the cheque book allegedly lost,
had been issued by him. The accused had infact
year 2006. However, surprisingly only the present cheque which is
cheque bearing no. 525175 and one another cheque which was also given to the
complainant ... complaint is totally
silent about the loss of present cheque or any other cheque or cheque book.
DW1/2 is another complaint dated
