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piyush_jain
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Per-contra, Mr. Ajay Marwah, learned counsel for the complainant-respondent would draw our attention to the version which was sought to be built up by the appellant through DW-5 who incidentally happened to be the son of the appellant. He took us through the evidence and then made the point that the version of the appellant was that the signed cheque in question along with the cheque book was lost while it was being carried by DW-5 but he requests the Court to notice that neither DW-5 nor the appellant had made complaint of the loss of the signed cheque to either the Bank or to the Police. He points out that a perusal of the reply notice sent by the appellant would clearly establish that the respondent was known and friendly with the appellant. This again bolstered the case of the complainant that the complainant has helped the appellant in his time of need by giving the hand loan. He further points out that there is no case that the signature on the cheque is not that of the appellant. In this regard, in fact, the Courts below have also noted the fact that the appellant has not produced the evidence of the Official from the bank of the appellant to establish that any notice was given to the Bank regarding the alleged loss of the signed cheque. He further drew our attention to the statements under Section 313 of the Cr.P.C. given by the appellant. He would point out that neither in the reply notice nor in the statement given under Section 313 of the Cr.P.C., it is the appellant's case that the respondent did not have the financial capacity to give the hand loan. He further ends by saying that the appellant does not have a case regarding the capacity of the respondent to loan the amount which remained after deducting the amount referable to the withdrawal from the bank. He further would contend that the Court may bear in mind that three Courts have held against the appellant and no case is made out for interference.