...the respondent- original accused with regard to the misuse of security cheque handed over by the respondent-original accused to the original-complainant. The learned advocate has submitted that the.... 5. On the aspect of the misuse of security cheque, it is submitted by the learned advocate that no independent material has been led by the respondent-original accused t...defence of misuse of security cheque. In fact, there is no challenge to the signature of the respondent- original accused on the disputed cheque. He, therefore, submitted that the statuto...

...for the complainant to prove his case once the defence was raised by the accused with regard to the misuse of security cheque. In absence of any cogent material being brought on record about the alleged...cheque as security, which has been misused by the present complainant. In absence of any question being lead about the aforesaid transaction, the learned Magistrate failed to appreciate the aforesaid... R/CR.MA/10757/2023 ORDER DATED: 01/08/2023 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD...

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...signatures of complainant on security documents at the time when they were blank. Being so, possibility of misuse of security cheque Ex.C-7 by officials of OP No.3 cannot be rule...that amount of Rs.50,000/- withdrawn on the basis of withdrawal slip on 31.01.2015. Non mentioning of cheque number against withdrawal entry of Rs.50,000/- dated 31.01.2015 in Ex.C-4 further lends credence...blank cheque was taken by OP No.2 as security at the time of advancing of loan. Rather it is claimed that disputed amount was withdrawn by complainant himself on the basis of withdrawal slip. CCTV...

...submitted that the respondent - accused had mainly raised defense of misuse of cheque by contending that the cheque was issued in the year 2016 as a security cheque, which was later on mi...misuse of the security cheque. It was submitted that unless there was rebuttal by leading independent evidence on record, the learned trial Court committed serious error in calling upon the complainant...establish the defense with regard to misuse of security cheque. As noticed earlier, the respondent - accused has offered himself in witness box and has also produced on record the documentary evidence...

...respondent-accused has further submitted that the specific defence of misuse of security cheque has been successfully established. 4.2 Highlighting the aforesaid facts, th...to raise the defence about the misuse of cheque, which was alleged to have been handed over by the accused to his partner namely Bhemjibhai Raichandbhai Chaudhary, who in turn has handed over the...absence of any link being established with the disputed cheque, no defence of misuse of cheque Page 3 of 19 ...

...the parties. 17. In light of such contradictions brought on record, the defense raised about misuse of security cheque gains some significance. Upon close scrutiny...goes by record as evident from the cross-examination of the representative of the complainant Company, in my opinion, the respondent accused has successfully brought on record the defence about misuse of ...the complainant. The respondent - accused has raised specific defence that the cheque, which was issued by the accused in the name of the Company for the purpose of security at the stage of execution...

... defense plea qua misuse of blank signed security cheque by filling the same without the consent of the respondent, cannot be ruled out. ...highly improbable that an educated person like appellant would accept the cheque of State Bank of Patiala in the year 2018 when the same has been merged with the State Bank of India in the year 2017. Therefore, the...the cheque in question rather according to his version of the story, the said cheque was issued without mentioning the date but there is no evidence which he has shown up to prove the same submission...

.... 1.1. Learned advocate Mr.P.A.Pathan submits that the bare defence of the respondent-accused with regard to the misuse of the security cheque was believed by the learned ...while acquitting the respondent- accused. Learned advocate Mr.P.A.Pathan submits that the purpose to take the security cheque is that in the event of default the security cheque can be deposited to... R/CR.MA/17966/2023 ORDER DATED: 11/07/2024 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD...

...made in the complaint against the accused was primarily with regard to the misuse of the security cheque by the accused persons. Learned Advocate submitted that the dispute with regard to the delivery...of the inferior quality goods and payment of the goods was already sorted out. Learned Advocate submitted that the cheque issued by way of security inadvertently remained with the accused persons and the a...required to address a primary question whether the facts stated in the compliant with regard to the issuance of cheque by way of security by the complainant and misuse of the said cheque ...

...-question as a means of recovery appears to be misuse of the company's security cheque, therefore, the complaint should be quashed. 2... 2025:UHC:12 1 HIGH COURT OF UTTARAKHAND AT NAINITAL... Criminal Misc Application (u/s 528) No. 926 of 2024 Ashish Shukla and Others --Applicants Versus Karan Pal Singh...

...where advance of Rs. 6,24,000/- was given was well reduced into writing. Therefore, the possibility of misuse of blank security cheque can not be ruled out in the present case. The opinion ...the possession of the cheque for security purpose is quite natural phenomena and moreover in the present case, the complainant has failed to produce any oral or documentary evidence to support the...dishonour of cheque dated 7.12.2009 in the sum of Rs. 6,00,000/-. Trial Court vide judgment dated 6.6.2013 ordered the acquittal of the respondent. Hence, the present application under...

...cheque and misuse of cheque raised by the accused, the learned Magistrate has proceeded to record the order of acquittal accepting such defence raised by the accused. He has relied upon decision ...of the complainant. He has further submitted that the learned trial Court has failed to draw the presumption in favour of the complainant once the signature on the disputed cheque was not disputed by...the accused. He further submitted that the only submission which was made by the accused was in the form of argument without production of any evidence with regard to defence of the collateral security...

...respondent No.2 has urged that the Court has rightly appreciated the evidence oral as well as documentary and has given the benefit. It is a sheer misuse of the cheque, which is given towards security and...preferred against judgment and order dated 5.9.2017 passed by the learned 3rd Additional Chief Judicial Magistrate, Himmatnagar, Sabarkantha in Criminal Case No.2141 of 2016, whereby the Court of learned...Presiding Officer has acquitted respondent No.2 of the offences punishable under sections 138 of the Negotiable Instruments Act, 1881. During the course of hearing, yet another...

...earlier. The evidence of D.W.1 regarding misuse of cheque given as security has not been denied in his cross examination. Considering the said aspect, learned Magistrate has rightly acquitted the...as security for earlier loan of Rs.50,000/- and inspite of repayment of the said loan, cheque given as security has not been returned. P.W.1 has admitted that accused borrowed Rs.50,000/- from him...the said presumption is preponderance of probability. 8. The respondent -accused has taken up defence that cheque -Ex.P1 has been given as security for he borrowing Rs...

...launched by the revision petitioner before the police. Ext.D1 was lodged by the revision petitioner against the threat of Mr.Vijayakumar and Ext.D3 was lodged for the misuse of the cheque issued as ... 4 reference about the number of the disputed cheque. In Ext.D3, the number of the cheque is there but that was also stated as... IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH...

...examination under Section 313 (1)(b) Cr.P.C. and also while being examined as DW1 was that of misuse of the cheque given as security for a monetary transaction with one Mr.shaji, retention of the ...PW1 was cross examined, a suggestion was put that the disputed cheque was one given to Mr.Shaji (PW2) as security while borrowing some amount and after the repayment of the same the prosecution in...after repayment of the borrowed money and misuse of the cheque by him through PW1. That was the constant stand of the petitioner from the very inception of the trial and this Court finds every rea...

...its own merits, it is seen that a serious error is committed by the learned Magistrate. When the entire defence of accused in the said proceeding is with reference to the misuse of document/cheque, which was given ...the chit as and by way of security, the cheque in question was handed over to the complainant in the year 2005. While doing so, since it was for the sake of security, except putting the signature on the..., the aforesaid orders are on an application filed by the accused under Sections 45 and 73 of the Indian Evidence Act (‘the Act’ for short), seeking to refer the cheque dated 15.10.2008 (vide Ex.P1...

...question came to be issued by the accused in favour of the complainant. It is the case of the accused that there is a misuse of the cheque as it has been given for the purpose of security...husband of the complainant. 19. In order to advance the theory of misuse of the cheque, there is no positive action taken by the accused. Normal prudent person would not keep...accused, complainant lent sum of Rs.50,000/- with an assurance that the same would be repaid. 3.2. Towards the repayment of the said hand loan, accused passed on a cheque...

...and misuse of the cheque which was issued by way of security. However the trial Court considered what is stated by the accused in statement recorded under Section 313 of the Criminal Procedure Cod...has admitted that he has not paid one or two installments, para no. 20. The trial Court further observed that mere suggestion about using of the blank cheque given as security is not sufficient...Complainant is not having authority, legally issuance of the cheque towards security. I am afraid that these grounds can be taken in the revision. These grounds were already taken before the Courts...