face of the cheque. On the very next day of the expiry
date, it becomes a stale cheque. When the cheque date ... considered as stale cheque. Even the computer
system of bank does not recognize the said cheque as a
stale cheque. The reason for dishonor which
cheque for
10 Crl.A.No.125/2019
'insufficient funds' but not for stale cheque. Hence, the
cheque is not outdated cheque ... date of the cheque. Further, on perusal
of the endorsement, it is clear that the cheque was not
dishonoured for stale cheque but it was dishonoured
dated 18.04.2018 opposite
party No.1 rejected the cheque on the ground that cheque was
outdated despite the fact that cheque reached in the office ... party No.1 on dated
18.04.2016 rejected the cheque on the ground that cheque
was outdated. There is recital in affidavit that complainant
could
return the cheque on the ground of interpolation but treating the said cheque as dated 30.7.2004 returned the same as 'outdated cheque ... content of the cheque as it contained overwriting but accepting the overwriting as a valid alteration returned the cheque as outdated. Therefore, the case made
described the cheque as dated 30.7.05.
Therefore, the alteration/interpolation of the cheque must have taken
place after the cheque left the custory of OPs1 ... dealt with the cheque when it was
dated 30.7.05 and the OP5 refused to honour the cheque as it was outdated which
means the alteration
outdated /stale. It was not
presented before the bank within three months from the date of
its issuance. The dishonour of an outdated/stale cheque ... bank within three months
excluding the date of drawing of the cheque. The cheque was to
be presented before the drawee bank on or before
failed to raise the issue with respect to the subject cheque being
stale/outdated before the learned Trial Court. It is further submitted
that there ... Appellant based on the subject cheque. The said
cheque was returned unpaid by the bank with an endorsement
„instrument outdated/stale‟. It is the contention
passed the cheque to 2nd respondent bank the next
day, the 91st day as a result that, R2 dishonored the cheque ... slip
dated 08.11.2016 on the ground 'Stale/outdated cheque'.
4. It is the petitioner's case that the cheque had been presented
CRLMB-16061/2019]
complainant and he had given outdated cheque to the
complainant. The said cheque was dishonoured. After that,
petitioner ... Lacs) from the complainant. He had
given outdated cheque of SBBJ Bank, Jaipur to the complainant.
Petitioner very well knew that SBBJ Bank, Jaipur
certificate (Annexure P-7) has
been given which indicates that the cheque was outdated.
The contention of the learned counsel for the petitioner is that ... parties.
On a consideration of facts, it becomes clear that the cheque
became outdated on 27.10.2006, which however, was presented on
28.10.2006 to the collecting
