“10. In Ex.DW-1/A in Para 9, the defendant had inter-alia asserted that:- “ the writing of the deponent (defendant) on the said cheque, in the shape of signatures, is available on the said cheque, which is already Ex.PW-1/A at point ‘A’ but the column of drawee, date amount in words and figures, were blank, when the said cheque was took away by said Sh. Rakesh Arora in the manner as mentioned hereinabove.” Earlier, in notices Ex.DW-1/1 and complaint Ex.DW-1/3, it was the stand of defendant that defendant had given to said Sh. Rakesh Arora cheque Ex.PW1/A having blanks at the columns of Rupees in writing and figure, where the figure of the intended drawing amount is used to be mentioned. Though in the affidavit Ex.DW-1/A, the defendant admitted his signatures on the cheque Ex.PW-1/A but when DW-1 was cross-examined by plaintiff’s Counsel and the cheque Ex.PW-1/A was put before DW-1, then defendant/DW-1 point blank denied signatures at portions then marked as X and Y on cheque Ex.PW-1/A to be not belonging to him. DW-1 further elicited that before dishonor of cheque Ex.PW1/A, he did not report the matter to police nor filed complaint before any authority. When police did not register any First Information Report on complaint of DW-1, DW-1 did not file any complaint case before Magisterial Court against plaintiff or Sh. Rakesh Arora for misuse of Cheques Ex.PW-1/A. DW-1 has testified the fact of his signatures on cheques Ex.PW-1/A in contradiction, as elicited above. Even, DW-1 did not report the matter to police before dishonor of the cheque nor did he file any complaint case against said Sh. Rakesh Arora for any misuse of cheque Ex. PW-1/A. Written statement of defendant is bereft of material facts as to on which date, month or year and at what place the defendant ever entrusted the cheques including cheque Ex.PW-1/A to said Sh. Rakesh Arora and to all those facts and their complete details as to how defendant was induced by said Sh. Rakesh Arora to deliver those cheques including Ex.PW-1/A.
