performance of that contract, the first petitioner issued an
undated cheque favoring the respondent for Rs.29,50,000/-
drawn on Bank of Maharashtra, Model ... petitioners allege that although they fulfilled their
commitment for which the undated cheque was given as a
security, the respondent never returned the cheque
lakhs. According to the petitioner's counsel, it was an
undated cheque. The second agreement also refers to a similar clause under Clause ... cheque for Rs. 35 lakhs dated 17.7.1997. Since the cheque was issued at the time when the 1st agreement was entered into, the cheque must
said contract, Contractors deposited the sum of
Rs.10 lacs by undated cheque no.027840 drawn against South Indian
Bank Ltd., Palarivattom Branch, Cochin branch ... security deposit for the due performance of the
agreement. The said undated cheque was in custody of the respondent
::: Downloaded on - 09/06/2013
cheque. Accord-ing to him, the plaintiff inserted the date on (he cheque without obtaining his consent. Insertion of a date on the cheque, according ... date on the cheque. Once the date is shown on the cheque, the burden is on the drawer of the cheque to prove that
blank cheque
and 2-3 witnesses being available to prove that a blank cheque was given,
etc., plaintiff has clarified that the cheque ... dealing with a case where an undated cheque was presented, held that
merely because the cheque was undated it does not mean that
oral and documentary evidence. He further submitted that Ex.A-2 undated cheque for Rs.1 lakh, has been issued by one of the respondents ... appellant/plaintiff gave Rs.1 lakh and hence, Ex.A-2 undated cheque has been given for receipt of Rs.1 lakh in favour
personal guarantee on 9.7.2008, for the contract
value. Incidentally, an undated cheque bearing no.917881 for
the afore said amount, referred to in the personal ... when matters
stood thus, the respondent had chosen to present the undated
cheque, furnished by the petitioners as security for the total
contract price
repayment of security deposit,
whereas accused is contending that the undated cheque was
issued as a security at the time of execution of consignee
sales ... agreement. In
examination-in-chief the accused stated that the undated
cheque was issued for security purpose to the complainant.
In cross-examination
understanding dated 02.04.2014 was
entered into between the parties. Accused issued
undated cheque No.976840 for Rs.50 lakhs.
4.2 Complainant paid Rs.25 lakhs ... understanding of
even date 09.06.2014 was executed. Accused issued an
undated cheque No.467970 for Rs.25 lakhs
4.3 Complainant paid Rs.25 lakhs
prove any
shortfall. He further submitted that with regard to the undated cheque and
there being interpolation on the return memo, respondents ... taken a FDR of Rs.3 lakh alongwith one undated cheque from her as
security, which she had stated was misused, besides submitting that there
