P D SHARMA Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
P D Sharma
State of Uttarakhand and another
Click here to view full 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.;
Copyright © Regent Computronics Pvt.Ltd.