Compliantant is bank emlpoyee ( clerk) .He had taken signed blank cheque from the accused on pretext to providing loan from the bank. then he filled amount Rs 150,000/ &filed compliant where he mentioned that he gave Rs 1,50,000/ on friendly relation wid the accused.He also filed a comlaint to another person of cheque amount Rs 5,85,000/.But in his cross exaime he said that I do not remember about second complaint.He said he gave only Rs 1,50,000/ to present accused & he did not give any amount to any person.He admitted to that he gave disputed amount to accused widout any witness.He did not pay incom tax.he is earning RS 30,000/ as monthly salary.he also stated that accused did not fill cheque in his presence & he knows accused only one year before that giving amount.But the cheque is about 7 to 8 years old cheque book `s cheque.He was suspended during his duty but he denied . He states in cross that there where old transanctions between them orally,he was also giving money to accused previously but he did not take any cheque as security from the accused & he do not remember what amout he gave to accused.He gave witness when accused open account in the bank of compliantant.but during cross he said he do not remember. He tender his affidavit & after cross he closed evidence & no other witness like bank witness etc On same day statement u/s 313 recorded.now case adjourned for DWS.so all the facts are these,could u suggest me what is the fate of case.Which evidence we need to tender in the court.?Plz also provide case law ,judgements in our favour.
