when he had set up a defence
denying the transaction and execution of cheque, which,
according to the counsel, was thoroughly improper and
incorrect. Asserting ... Cheque involved was one among the three cheques lost by him
was his further case disputing the writings in the cheque. The
cheque
transaction and
liability of the accused and further proved the execution of
the cheque and the trial court repelled all the contentions
advanced ... sufficient
particularly towards the execution of the cheque. The
learned Magistrate himself has found that, though the
accused disputed the signature and the other writings
reason that no
averment taken in the complaint regarding the execution
of the cheque, interfered with the trial court judgment
which is legally and factually ... case of the complainant regarding the transaction and
execution of the cheque. Therefore according to the
learned counsel the appellate court is correct in setting
also the case of the
learned counsel that as execution of the cheque is
admitted, the evidence of PW1 would further show
that the cheques ... upon the complainant to establish the execution and
issuance of cheque. Regarding the execution and
issuance of the cheque, there is no concrete material
exhibit P-21. In fact, no witness speaks about the execution of the cheque by the petitioner. On these three points, learned counsel ... such execution. Learned counsel for the petitioner asserts that no witness examined on the side of prosecution speaks about the execution of the cheque
absence of any positive evidence from the
part of complainant regarding execution of cheque,
acquittal of accused is just and proper - No interference
- Petition dismissed ... signature in
a cheque leaf alone will not constitute admission of
execution of cheque.
3. Baiju G. Nath Laiju Nivas -vs- Girija Krishnakumar,
reported
blank cheque leaf is very often referred to as a blank "cheque", but,
strictly speaking, it is not a "cheque ... cheque leaf containing admitted signature of accused. The admission of signature in a
cheque leaf alone will not constitute admission of execution of the cheque
also the execution of the cheque. Once the signature
found in the cheque and also the execution of the cheque are
admitted, there
itself created doubt, as to the alleged issuance
and execution of questioned cheque at Ex.P1. If at all, she
approached the accused after ... Hence, it creates doubt, as to
the alleged issuance and execution of questioned cheque. In the
cross-examination of PW.1, it was suggested
blank cheque leaf is very often referred to as a blank "cheque", but,
strictly speaking, it is not a "cheque ... cheque leaf containing admitted signature of accused. The admission of signature in a
cheque leaf alone will not constitute admission of execution of the cheque
