said chit fund. Accused has stated
that the complainant has misused the said cheque and, therefore, in order to
prove her defence, she had examined ... cheque Exhibit-37, thereby admitting her
signature on the cheque, then she had impliedly given authority to the
complainant to complete the cheque and present
only not advancing Rs. 1,00,000/- but by misusing the cheque for Rs. 4,00,000/-.
13. In the case of Gorantla Venkateswara ... legally enforceable debt. If the Complainant had fabricated and misused the blank cheque issued by the accused, the accused would have immediately protested and threatened
charge (exhibit 23) on the
defence that the complainant had misused the cheque which was
taken from the accused by brother of the complainant ... would have
protested and complained to the police about alleged misuse
of cheque taken by brother of the complainant. Learned trial
Magistrate appears to have
cheque amount on due date and requested the complainant through
his brother to wait for presentment of cheque, the cheque was presented
for encashment ... accused. The
suggestions in defence that Subhash had misused the cheque through his
brother Gaurav is flatly denied. The bare denial of the transaction
alleging
complainant did not
return the cheque to Chandrakalabai or the accused and one blank
cheque is misused to falsely implicate the accused in the
prosecution ... cheques were not returned and the
disputed cheque is one such cheque, which is misused. She has
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cheque to the payee of the cheque. Law, therefore, does not take cognizance of a situation to issuance of a cheque without an account ... name of a drawer. This presumption, however, cannot be displaced by misusing cheque facility after closing the account. In such circumstances the drawer
payment of the cheque through his Bank nor reported
alleged misuse of the cheque to the police must go against him. In Gorantla
Venkateswara ... enforceable debt. If the complainant has misused
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11
the cheque or fabricated it, the accused is bound
fructify since the plot was
mortgaged. The complainant retained and misused the cheque.
7 The accused did not step into the witness box.
However ... cheque amount on due date and requested
the complainant through his brother to wait for presentment of
cheque, the cheque was presented for encashment
cheque to the payee of the cheque. Law, therefore, does not take cognizance of a situation to issuance of a cheque without an account ... name of a drawer. This presumption however, cannot be displaced by misusing cheque facility after closing the account. In such circumstances the drawer
appellant and that this was clear case of misuse of blank
cheque by the appellant. The respondent No.2 also led
evidence in support ... appellant. It was further submitted that
the cheque in question was a blank cheque, which was
misused by the appellant and that when amount
