9911796707
TMI Blog2018 (9) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... om the respondent on 02.04.2004 on execution of registered mortgage deed of their properties. Towards discharge of part amount, the petitioner herein, issued a cheque bearing No.803257 dated 28.06.2007 for a sum of Rs. 10,80,000/- drawn on Canara Bank, When the cheque was presented for collection on 29.06.2007 through the State Bank of India, Kodaikanal, it was dishonoured and returned on 13.07.2007 for the reason "Funds Insufficient". Thereafter, the respondent issued statutory notice dated 21.07.2007 and the same was duly received by the petitioner on 24.07.2007. Thereafter, the petitioner did not pay the cheque amount and hence, the complaint. The learned Judicial Magistrate, Udumalpet had taken cognizance for the offences under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheques and pro-notes in favour of the respondent. Therefore, the petitioner and her son called upon the respondent not to present the above mentioned cheques for collection as they were not issued in discharging of any liability. Further, on 22.11.2005 itself, the petitioner and her son issued letter to the Branch Manager, Canara Bank, Pudukottai and informed that the above cheques were not issued in discharging of any liability and as such, requested the bank not to honour those cheques, if presented for collection. After receipt of the same, the respondent issued reply notice dated 02.12.2005 and he simply denied the averments made in the notice dated 22.11.2005 and no specific denial of receipt of signed blank cheques from the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Rs. 5 lakhs being interest for two years and offered to give cash of Rs. 10 lakhs. You again wanted my clients to execute blank pronotes and cheques. As my clients were hard pressed for money, they agreed to comply with all the unjust demands made by you. My client No.2 signed in 3 blank pronote forms and my client No.1 gave 5 signed blank cheques on Canara Bank, Puducottai branch on the SB A/C No.23398, the cheque Nos.bearing 803256 to 803260. My client No.2 signed in a blank pronote from and he gave 10 signed blank cheques on SBI, Personal Banking Division, Main Branch, Trichy bearing numbers 0304301 to 0304310 in A/C No. 01190109250. 4.You also got a mortgage deed on 02.04.2004 for Rs. 40 lakhs mortgaging my client's property at Ko ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity." After receipt of the same, the respondent issued reply notice dated 02.12.2005, wherein, except the general denial of the notice dated 22.11.2005, no specific denial of receipt of the blank signed pronotes and blank signed cheques from the petitioner and his mother. Therefore, it is construed that the alleged cheque bearing No.803257 dated 28.06.2007 drawn on Canara Bank, Pudukottai has been obtained by the respondent in the year 2003, while borrowing a loan of Rs. 4 lakhs. It can be treated as security for the loan borrowed by the petitioner and her son. 7.It is also seen that even as per the case of the respondent that on 02.04.2004, the petitioner and her son borrowed a sum of Rs. 40,00,000/- on execution of registered mortgage d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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