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23. Further learned counsel for accused argued that the cheque Ex.P1 belongs to the Syndicate bank and it has been dated 04.07.2023 and it has been presented to the bank on 04.07.2023 and as per Gazetted notification, the Syndicate bank has been merged with the Canara Bank on 1 st April 2020 and all the old cheques of Syndicate Bank has become invalid from 30.06.2021 and even Ex.P3, the bank to which the cheque has been presented was dishonored for the reason Bank Merged you are requested to have the discrepancy resolved and redeposit the same for further process and hence cheque deserves to be invalid and section 138 of NI Act does not attract for invalid cheque.

24. In this regard, this court has relied on the decisions reported in 2024 SCC OnLine AP 5115 between Ganta Kavitha Devi and Others vs. State of Andhra Pradesh, rep. By its Public Prosecutor High Court of Andhra Pradesh and Another, wherein it is held at para No.7, 9 and 11 as follows:

7. From the perusal of Section 138 N.I Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonored, then there is no liability under Section 138 N.I. Act would be attracted, and the cheque of Allahabad Bank is invalid after 30.09.2021 after merging the Allahabad Bank into the Indian Bank on 01.04.2020. Therefore, dishonoring such cheques after 30.09.2021 will not attract liability u/s 138 N.I. Act.
The Reserve Bank of India may in its discretion, after such period as it thinks fit. Ordered accordingly.

26. Now coming to the facts of the present case, in the present case, the cheque is of Syndicate Bank dated 04.07.2023 and it has been presented to the HDFC Bank for encashment on 04.07.2023. As per Ex.P3 Bank Endorsement memo, the cheque has been dishonored for the reason " Bank Merged you are requested to have the discrepancy resolved and redeposit the same for further process". Since the Syndicate Bank was merged with the Canara Bank on 01.04.2020, the cheques of the Syndicate Bank will be valid upto 30.06.2021 only. Therefore the cheque in question Ex.P1 is dishonoured as it is invalid cheque.

27. In view of the forgoing discussions and the decisions held by the Hon'ble Apex Court, the present cheque being dishonored for the reason invalid cheque due to merging of the Syndicate Bank into Canara Bank on 01.04.2020. Therefore, dishonour of such cheque after 30.06.2021 will not attract liability under Sec.138 of NI Act. Hence, in view of the above said reasons, the complaint is liable to be dismissed as the dishonoring of the cheque due to its invalidity does not attract liability under Sec.138 of NI Act.