complaint was given of the loss of
the cheque book or the signed cheque leaf either to the
police or to the bank ... cheque book and about the cheque relied upon by the
respondent being one which is brought into existence using
the lost signed cheque leaf
disputed cheque
(Ext.P-1). Since the execution of cheque is admitted by the accused, the
statutory presumption would apply that the cheque was issued ... Prasad (DW-1) deposed that one of his signed cheque was
lost on 28.01.2012. He had submitted written application (Ext.D-1) with
regard
contended that both the
Courts below have not appreciated the fact that cheque book was
missing and the petitioner had got registered complaint dated ... taken the defence that he lost his signed
cheque book and cheque in question is from his lost cheque book and
has been misused
cheque as soon he lost the cheque. The cancellation of cheque is not permissible and the same was informed to the complainant. Subsequently, cheque ... signed cheque while he was travelling the said cheque was unknowingly in possession of one Mr.B.D.Mariswamy. Subsequently, he tendered a same cheque
complainant at all and that accused has lost his
blank signed cheques which included cheque in question is
purely baseless and concocted story in order ... accused's
blank signed cheques were lost which included the present
cheque in dispute and accused gave instructions to his bank to
stop payment
issued the cheque in
question in favour of the complainant. He had kept a blank signed cheque
in his possession. He had lost the cheque ... that he had lost three cheques,
including the cheque in question, that were present in the cheque
book, no such cheque book was ever brought
cheque in question got dishonored on 22.04.2019 and the lost
report was filed on 27.03.2019. The lost report was filed because
Digitally
signed by
Jyoti ... Commerce whose cheque book the accused has mentioned in the
lost report. The lost report dates back to 27.03.2019 whereas the
cheque in question
legal liability towards complainant and that
his signed cheque book got lost and that subsequently he
had written a letter to his bank to close ... account as five of his blank signed cheques were lost/stolen.
Accused further deposed that present cheque-in-question is
one of those five blank
that her cheque has been misused by
the complainant. The accused also stated that she had lost her cheque book with blank
signed cheques ... accused avers to have lost her blank signed cheque book. Further, "Any other details" as
provided by the accused at the timing
Cheque in question bears my
signatures. I did not fill the particulars on the Cheque in
question. I had lost my Cheque book ... seen from a reasonable
person point of view. If the signed cheque books were lost ,
then why did accused not gave any communication to
concerned