cheque
is not in dispute and the signature on the cheque
also has not been disputed by the accused and the
cheque was returned ... petitioner
that the cheque had been given to the Counsel for
the petitioner and the said cheque has been misused
by the complainant
evident from defence of accused that
PW.1 has misused the cheque given to him as a security
for the loan barrowed by one Sagir ... repaid the said
amount. But PW.1 denies that he has misused the
cheque given as security for the said loan, though the
loan amount
repaid the amount but the cheque is not returned
and it is misused by the complainant.
17. In view of these contention let me consider ... habit of misusing the
cheques and bond papers. If at all the complainant was
a person who misuses cheque and bond paper as stated
lost the cheque and the said Narayansa has
misused the cheque after nearly four years of theft of
cheque and got lodged the complaint ... cheque, no persons were examined to
prove it. If at all he has lost the cheque in the year 2006
itself, then how one cheque
cheque and given to the accused, does not mean
that amount was paid through cheque to the accused, but it is
his self drawn cheque ... accused agreed
and issued blank cheque to Rehamathulla in the year 2001
and the said cheque is misused by the complainant and he got
presented
loan sanctioned in his favour
which he handed over. The said cheque was misused
and now a false case has been filed. Learned counsel ... document
against which cheque in question was
issued. The defence that the cheque
book was lost/stolen or that cheque
was misused was completely without
income and the capacity of the
complainant to lend the loan. Misuse of cheque defence
is not proved. Stop payment notice was not given. Notice ... grounds of
realities and the plot selling business this blank cheque
was misused. The learned counsel relied upon the
decision
evidence of PW.1 itself shows that the complainant-Firm has
misused the cheque and filed a false complaint. Though there
was transaction between ... accused for
several years with several crores of rupees, the cheque was
misused by the complainant. Hence, the accused has replied
properly
evidence of PW.1 itself shows that the complainant-Firm has
misused the cheque and filed a false complaint. Though there
was transaction between ... accused for
several years with several crores of rupees, the cheque was
misused by the complainant. Hence, the accused has replied
properly
evidence of PW.1 itself shows that the complainant-Firm has
misused the cheque and filed a false complaint. Though there
was transaction between ... accused for
several years with several crores of rupees, the cheque was
misused by the complainant. Hence, the accused has replied
properly
