The complainant examined himself as CW-1 and further examined expert witness Fateh Chand as CW-2. At the close of the complainant's evidence, the accused was examined under Section 313 Cr.P.C. and he denied the correctness of the evidence and claimed himself as innocent. Accused stated that he has been falsely implicated in the present case and he has no liability towards the complainant. In fact, on 05.02.2008, when his son Manoj Kumar was taken into custody by PO staff on the complaint by Pritpal Singh on mobile phone stating that his son was a proclaimed offender in one complaint under Section 138 of the Negotiable Instruments Act filed by Pritpal Singh against his son and upon this PO staff had taken his son into custody. On the same day, he was called at Police Station Division No.4, Jalandhar and there in order to release his son, he had given the cheque in question after signing the same and filling the amount to Priptal Singh but he had not filled the name of Pritpal Singh and the date in the cheque in question. The accused further stated that thereafter in the presence of respectables, the matter was sorted out and `75,000/- was given by him to the complainant in cash and writing Ex.D1 was scribed. When the complainant was asked to return the cheque, then he stated that he has left the same at home and promised to return the same but later on, that cheque was misused.
