cheque was false. The defendant had
claimed that he was carrying a signed cheque in his pocket which he had lost at
the time when ... been stated by
the defendant that he had lost an unfilled signed cheque on 25.04.1991, it was
only on 26.04.1991, that he had informed
Defence of “Lost Cheque/Madurai Theory”:
21.1. Contended that the cheque book containing three pre-
signed blank leaves was lost at Madurai on 02.07.2014 while ... cheque only
from 01.07.2014. Presentation on 05.08.2014 was well within validity.
34. Lost Cheque Defence:
The defence of lost cheque lacks probability. Carrying pre-signed
presented the said cheque on 07.11.2001 and the
same was returned with the endorsement “Insufficient Funds and
blank cheque signed reported lost on 28.06.1999”; therefore ... Judicial Magistrate, Dharmapuri, against
Sabanayagam, alleging that Sabanayagam has misappropriated the
impugned cheque for prosecuting him under Section 138 of the NI
Act and therefore
drawer of the cheque. In
this case, the respondent has not denied the execution of cheque. The
only contention regarding the cheque is that ... accused. If
7
really a person of affluence had lost the signed cheque, he would have
naturally placed it on record either by intimating
defence of the petitioner was that he had lost cheque 3 years before the date of cheque, while he was taking ... even the defence raised by the petitioner/accused that he lost a signed cheque in a tea stall 3 years prior to the occurrence
that he had never issued the disputed cheque, but that the signed blank cheque was lost by him during the last week of January ... petitioner/accused stated that he has lost the signed blank cheque during the month of December 2013 and misusing the same, the respondent/complainant along
Instrument's Act, 1988.
6.When the issuance of the signed cheque creates presumption of
legally enforceable liability, the burden to rebut the presumption ... have rightly pointed out that if any person has
really lost a signed cheque, he would have given a complaint or at least, he
would
time of signing the
Memorandum of Understanding, in favour of the appellant.
8. The cheque was signed by the accused ... independent
Directors and released all the cheque signing authority and in effect lost
control of the board and continued merely as a consultant till
cheque in
question has been lost. The said document reads as follows:-
"This is to inform you that the following signed cheques
are missing ... were
lost or misplaced or entrusted with Krishnamurthy are all falsehoods.
42.In cross-examination, the defendant has admitted that he has
signed
cheque was admittedly signed by the respondent-accused and the only defence that was raised, was that his signed cheques were lost and that ... appellant complainant had falsely used one such cheque. The trial Court also recorded a finding that the documents were not necessary. This order
