P D SHARMA Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2012-5-119
HIGH COURT OF UTTARAKHAND
Decided on May 17,2012

P D Sharma Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Having heard learned Counsel for the parties, it transpires that applicant P.D. Sharma owed a debt of rupees one lakh to complainant/respondent no. 2 Chandra Mohan Mishra. So, in order to discharge his liability, Mr. Sharma issued a cheque, bearing no. 084980 drawn at Punjab National Bank on 23.1.2007, to Mr. Mishra. It has been stated that subsequent to that Mr. Mishra sent an email (electronic mail) to Mr. Sharma informing him that he lost the aforesaid cheque and requested to issue another cheque. Since both had friendly relations and enjoyed confidence of each other, therefore, Mr. Sharma issued another cheque of like amount drawn at the same bank bearing no. 084981 i.e. next leaf of his cheque book. It was dated 23.2.2007. So, it was a post-dated cheque.
(2.) Since the previous cheque was misplaced by Mr. Mishra, therefore, prior to issuing another cheque, Mr. Sharma informed his banker about the same on 24.1.2007 (just on the next day) and issued 'Stop Payment' instructions to the bank in respect of the previous cheque dated 23.1.2007. Simultaneously, he informed the police about it on the same day i.e. on 24.1.2007.
(3.) Mr. Mishra got encashed the second cheque and received rupees one lakh through his banker. This fact is evident from statement of the bank contained in Annexure No. 5 to the petition.;


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