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20. Apart from this the cheque number in CC 273/2019 is 169044 and the cheque in the present case is 169045. according to the complainant accused no.2 has given the Ex.P2 cheque in 2023 and the cheque in CC No. 273/2019 was given in the year 2018 it is hardly acceptable that after the issuance of the one cheque a person takes 7 years time to issue the next cheque.

21. Further accused has taken the clear defence that Ex.P2 cheque and the cheque in cc No. 273/2019 belongs to the year 2002 and 2003 and the account to which the cheque belongs has been closed in the year 2008 itself. Ex.P2 cheque is non CTS cheque and the non CTS cheque are invalid and hence Section 138 of NI Act does not attract.

22. In this regard, on perusal of Ex.P2 cheque admittedly it is non CTS cheque printed before 2010. But, however A Non CTS cheque can still be the basis for the sec. 138 of NI Act case for dishonor, provided it was validly presented within 3 months validity period after the RBI introduced CTS system 2011, even though non CTS cheque cannot be cleared through the CTS system. Non CTS cheque refer to the cheques that do not comply with cheque truncation system or CTS format. Non CTS cheques are considered obsolete in India as banks no longer clear them and customers are advised to replace any non CTS cheque book with a newer CTS 2010 standard. But, the Non CTS cheques were officially discontinued for clearing as of 31 st December 2018.

23. Coming to the facts of the present case, in the present case admittedly Ex.P2 cheque is also a Non-CTS cheque dated 11.08.2023 and the chequye has been presented to the bank on 14.08.2023and the bank has given the endorsement as per Ex.P3 as ;

"We regret to inform you that we are unable to credit the cheque to the account due to the following reason:

Other reason:- Non-CTS Cheque not allowed in CTS clearing.

24. Thus the complainant has presented the cheque after 31.12.2018after the expiry of the official date from which Non CTS cheques are officially discontinued.

The non-presentation of the cheque to the drawer's bank within the period specified in Section 138 would absolve the person issuing the cheque of his criminal liability under Section 138 of the NI Act.

28. The above cited judgment is aptly applicable to present case on hand as in this case also the collecting bank has not submitted the cheque before drawer's bank.

29. In view of the above said discussion and the decision held by the Hon'ble court. In the present case Ex.P2 cheque is non CTS cheque and as per Ex.P4 the bank endorsement. Ex.P2 cheque has been dishonored for the reason "We regret to inform you that we are unable to credit the cheque to the account due to the foloowing reason: non CTS cheque not allowed in CTS clearing. Thus it is clear that the cheque Ex.P2 is not at all presented to the account of the accused no.2. Thereby complainant has not complied the ingredients of Section 138 of NI Act and hence the question of attracting section 138 of NI Act does not arise at all.