Cheque bearing no. 197034 dated
15.12.2012 is Ex.PW1/2.
(iii) Return memo of cheque bearing no. 197034 with remarks
"instrument outdated/state ... filled is 15.12.2012. Hence, naturally, the cheque
was a stale/outdated cheque. However, the handing over of the cheque
by the defendant
informed her about the dishonourment of the said cheque
and demanded the amount of the dishonoured cheque but the defendant
instead of giving any satisfactory ... said cheque and for
this reason, the defendant had issued an outdated cheque, resulting which
the said cheque was dishonoured. That the defendant has been
deposit the
cheque bearing no.856744 in his bank account to honor the cheque
and accordingly the plaintiff deposited the aforesaid cheque on
10.10.2022 which ... plaintiff contacted the defendant regarding the fate of the above said
outdated cheque to which the defendant asked the plaintiff to deposit
another cheque bearing
time of giving cheque, defendant No. 1 made request to the plaintiff to
present the said cheque after one month and thereafter again after ... cheque as he would make the entire payment in cash but
plaintiff presented the said cheque the same was returned with the remarks
outdated cheque
amount and pursuant to that, defendant
No. 2 handed over an outdated cheque No. 338480 dated 05.01.2018 for Rs.
2,00,000/- drawn on Central ... defendants
for issuance of new cheque in place of said outdated cheque, defendant No. 2
made false excuses and gave assurance to them by stating
plaintiff came to know that the defendant had issued an
old/outdated cheque. Plaintiff attempted on several occasions
to meet defendant for return ... such cheque having been handed
over quite a while ago to some third person, the same was
dishonored being outdated with the remarks 'kindly
defendant issued one
cheque in favour of plaintiff, drawn on Kotak Mahindra
bank, vide cheque bearing no. 00000, dated 15.04.2023,
towards legal liability and defendant ... bank
official returned the cheque vide return memo dated
15.07.2023 vide remarks "STALE CHEQUE,
OUTDATED" and when plaintiff asked defendant to issue
present the cheque again with the assurance that the same would be
encashed. On dated 11.06.2019, plaintiff again presented the aforesaid
cheque and the same ... Plaintiff deposited the same
cheque but it was returned back unpaid with the endorsement "cheque
outdated / stale" on 14.05.2019. Again, plaintiff contacted defendant
Lacs but on the presentation the cheque
was bounced on the ground that cheque is outdated. As such the
applicant and co-accused have cheated
produced
the same before the Court and therefore the liability
under the cheque is not supported by any
consideration. Hence the learned Magistrate has rightly ... stated that when the cheque is presented beyond six
months from the date of its handing over, the cheque
becomes outdated and therefore no liability
