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23. Further it is pertinent to note here that accused counsel nowhere in the cross examination of the PW.1 has taken the specific defence with regard to how the cheque in question has gone into the hands of the PW.1. Only in his defence evidence for first time, accused has taken the specific defence that Ex.P2 cheque belongs to Syndicate Bank and the said Syndicate bank has merged with the Canara Bank and the Syndicate bank cheque has become invalid and hence he has thrown the said cheque in the dustbin near the bank and the same has been taken by the complainant and misused.

24. Further learned counsel for accused argued that the cheque Ex.P2 belongs to the Syndicate bank and it has been dated 23.08.2021 and it has been presented to the bank on 24.08.2021 and as per Ex.D.1 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 CD 025 EXC WEF010721 and hence cheque deserves to be invalid and section 138 of NI Act does not attract for invalid cheque.

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.

30. As per Ex.D.1 Gazetted notification, Syndicate Bank was merged with the Canara Bank on 01.04.2020 and as per Ex.D.1 and Ex.D.3, 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.

31. 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.