accused has admitted the issuance of
cheque and his signature on the cheque and that the
cheque in question pertaining to the account, there ... anything about the said torn cheque and return of the
said cheque by complainant. Further, if really the cheque was
returned as contended
accident on 11.05.2006 and the complainant should have either used the
torn cheque leaf or the one stolen from the van after the accident, forged ... accused (D.W.3) has stated that, apart from the torn cheque leaves, he had
not kept any other cheque leaf in the dashboard
plaintif -
cheque no. 141358 dated 17.10.2003, cheque bearing no.
141357 dated 17.09.2003, cheque bearing no. 141359
dated 17.11.2003 and cheque bearing no. 141356 dated ... torn
cheque dated 17.12.2004 as Ex. DW1/D-2; copy of
complaint dated 28.06.2006 made by the defendant against
the plaintif
plaintif -
cheque no. 141358 dated 17.10.2003, cheque bearing no.
141357 dated 17.09.2003, cheque bearing no. 141359
dated 17.11.2003 and cheque bearing no. 141356 dated ... torn
cheque dated 17.12.2004 as Ex. DW1/D-2; copy of
complaint dated 28.06.2006 made by the defendant against
the plaintif
written on it when he had given the cheque as blank signed
cheque. Further, the original cheque Ex.CW1/A bears the
signature ... account number,
cheque number, date and amount has been placed on record.
The manner in which the coloured cheque has been torn reflect
the deliberate
issuance of
cheque or the signature of the accused on the cheque or
presentation of cheque for encashment or dishonour of
cheque for want ... complainant has failed to return the cheque and he had
taken a colour xerox of the cheque and torn the same
payment was made by way of cheque which was
for Rs. 50,000/. He stated that cheque was torn by the
defendants 15 days prior ... defendants again
and again for payment of the cheque, the cheque was taken
and was torn. He further denied the suggestion that when
Suit
issued a cheque which was
dishonoured. Thereafter, the applicant called the complainant
for negotiation and in scuffling the cheque was torn and,
therefore, the complainant ... prove the contents of the cheque by filing its
photo copy. If the cheque was found to be torn after getting it
back from
have believed the complainant's version that the cheque would
be torn by him. The statement of Naresh Kumar Sehgal (CW2)
shows that ... complainant's version that the cheque would be torn without
seeing the torn cheque or the cheque being torn in his presence.
Thus
complainant did not return the
cheque to him. The complainant told him that the cheque was
torn and could not be reused. His testimony ... cheque from him. He simply stated that he
obtained the blank cheque from the accused, went to Nihali Bus
Stand, handed over the blank cheque
