Communication dated 27.07.2016 and 14.09.2016
replacing the outdated cheque as Ex.CW1/9 and
Ex.CW1/10;
(i) Cheque bearing
question are not disputed. The
dishonourment of the cheque in question for the reason
"Cheque outdated/post dated/ undated & Bank/Branch blocked ... case that the accused tendered
the amount entailed in the cheque in question upon entering
appearance before this court in response to the summons issued
documents:
Ex.CW-1/1 Agreement dated 18.03.2018
Ex.CW-1/2 Cheque bearing No. 079212 dated ... subsequently could not be
cleared as the same was as an outdated cheque. The accused again issued a
cheque as recorded
payment of
cheque amount as well as balance amount alongwith interest.
However, the petitioner No. 1 failed to make payment of cheque
amount. The complainant ... take note that cheque No.
22672 was also an outdated cheque;
(e) The complainant has already filed a complaint
under Section 138 NI Act vide
client had requested your company to stop the
Post Outdated Cheque on April 24th,2021 through email
at 01:42 p.m...."
Further
that the said cheque
would be honored upon its presentment. The details of the aforesaid
cheques are as follows:
SI. No. Cheque No. Date Amount ... Dishonour Dishonour
1. 613826 18.11.2015 Funds
Insufficient
2. 613827 01.12.2015 Instrument
outdated/Cheque
stale
3. 613828 01.12.2015 Instrument
outdated/Cheque
stale
4. 613829 01.12.2015 Funds
additionally stated
that one of the cheque i.e. bearing no. 159420 was a non CTS cheque but was
presented in time yet mischeivously ... would have done. As far as the third
cheque is concerned for which reasons is cheque outdated, the cheque is
outdated only by a week
defendants have issued two
cheques viz. cheque bearing no.048311 dated 25.03.2021 of Rs.1,50,000/- and
cheque bearing no.048314 dated ... said cheques, the same had been dishonoured with the
remarks "cheque is outdated" and "cheque with alteration cannot be processed in
cheque
payments for cheques No. 018756, 018757, 018758,
018759, and the outdated cheque No. 000030.
FINAL ARGUMENTS
Submissions on behalf of Plaintiff:
14.The plaintiff submits ... payments of cheque no. 018756, 018757,
018758 and 018759 of Rs. 50,000/- each and cheque no.
30 which was outdated to the plaintiff
clearance of cheque on 26.07.2014 but as per the
statement of account dated 31.07.2014, the cheque returning
reason is "instrument outdated/stale". That ... returned the cheque on 30.07.2014, with the reason
"outdated/stale". The cheque 30.04.2014 could not have become
stale before 30.07.2014 but the cheque
