bearing No. 393668-393674
from the drawer of the accused and misused cheque No. 393674 by
issuing it in his name by filling in amount ... candid
defence put forth by the petitioner/accused that cheque in question
was misused by the complainant. Mr. Chandel, further contended that
true
issued by
the accused towards discharge of his liability, rather complainant
misused the cheque. He further contended that courts below have failed
to appreciate that ... with the police station
with regard to the misuse of the cheque, if any, by the complainant,
rather as per own admission of DW5, factum
Gagan Pradeep and it has
come in the investigation that cheque was not misused by the petitioner-
complainant, rather by someone else and contents ... prove factum, if any, with regard
to theft of the cheque and thereafter misuse of the same by the respondent
.
No.3/complainant
having
received the entire consideration amount, he did not return the Cheque and
misused the same. If cross-examination conducted upon this witness ... days, but yet complainant, who
had obtained the Cheque as a security, misused the same. However,
accused was not able to probabilise aforesaid defence
which speak
about presumption in favour of the holder of the Cheque that Cheque was
::: Downloaded on - 23/09/2024 ... liability to discharge and
Cheque in question issued as a security Cheque was misused. Similarly, no
.
evidence ever came to be led on record that
cheque, this witness repeatedly denied that
name and account in the cheque were not filled by the
accused, rather he volunteered that cheque was already ... enquired from his son, who told that complainant had
misused the security cheque given to the party in
Hoshiarpur. Record reveals that though accused
year 2019.
She specifically denied that she had misused the cheque issued by the
accused. By putting suggestion with regard to misuse of cheque, accused ... behest
of respondent to prove that Cheque was issued as a security cheque and
same has been misused, however, such defence, if any, was never
issued cheque to the complainant bank in discharge of
his liability, how the cheque came into possession of bank authorities.
Since the cheque in question ... liable to pay the
cheque amount.
13. Defence of accused is that the cheque has been misused but he
has miserably failed to explain that
cheque to the complainant. As per accused, he had paid price of Karyana
articles, but the complainant did not return the cheque and misused ... signed cheque to the
complainant. Though he had paid the amount to the complainant, but the
complainant, did not return the cheque and misused
bank account in the Bank at Rohru (Central Bank) and thereafter
misused cheque book issued in his favour. Neither co-accused Suchit
Kumar has lodged ... complaint with regard to misuse of his cheque
book by present bail peitioner nor cases under S.138 of the NI Act
have been filed
