2012 (6) TMI 862

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....pay the same within one month and issued a cheque on 20.09.1999 for Rs. 1 lakh bearing No.RGE 686090 of Punjab National Bank, Sankari West (Salem) to the complainant. The complainant presented the cheque on 03.11.1999 and the cheque was returned on 20.11.1999 unpaid with a memo "refer to drawer". Hence, on 01.12.1999, the complainant issued a notice to the accused calling upon him to pay the amount within 15 days from the date of receipt of the notice. But the notice was returned with an endorsement that intimation given to the accused on 03.12.1999 and it was returned on 17.12.11999. Hence, the complaint is filed. 2[b] The respondent denied the charge and he was tried. While he was questioned under Section 313 Cr.P.C., he denied the compl....

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....r dated 02.03.1999. Ex.D3 is the copy of the ledger folio containing entries pertaining to the respondent in which it is mentioned at the top it is written that "cheque No.686090 reported lost " (initial  02.03.1999). The Manager of Punjab National Bank, PW2 would admit Exs.D1 to D3. However, in the re-examination, he would say that he has produced the ledger extract pertaining to the respondent but there is no reference to the effect that the cheque No.686090 was missing, that he did not right the reference as noted in Ex.D3, but his initials are present therein and that the official who write the reference is still working in the Bank. 4[c] From the above said evidence on record, it transpires that the Bank Manager received the lett....