SUNITA ANAND SHINDE Vs. DATTU KISAN KALAMBE

JUDGEMENT

(1.) Heard. Perused the appli-cation, copies of the evidence, statements of the accused under section 313 of Code of Criminal Procedure, 1973.

(2.) The complainant in her cryptic com-plaint stated that she was conducting the business of money lending and the cheque in question of Rs. 95,000/- was returned to her with remark from the banker "Insuffi-cient funds"; and accused did not respond to the notice of demand dispatched to him by RPAD and Under Certificate of Posting. The complaint revealed that neither the cov-ers nor acknowledgment of receiving regis-tered mail were received back by her.

(3.) The applicant-complainant besides ex-amining herself adduced in evidence the dis-honoured cheque, cheque return memo, no-tice of demand dated 1.7.2003, registered post receipt Certificate of Posting and receipt dated 10.3.2003. The respondent No. 1-ac-cused denied the complainant's assertions and examined himself to state that the cheque and the receipt dated 10.3.2003 were forged and the blank cheque was misused after being stolen or lost from his custody.