that when the cheque was returned with
the reason Instrument outdated/stale, the cheque became
invalid and no proceedings could have been initiated ... return of the cheque are having the effect
of proving that the cheque has been bounced. If the
bouncing of the cheque was on account
India, Main Branch, S.P.Patel Marg, Nagpur on
29.9.2009; but the Cheque No.101443, dt.30.6.2009 ... said Cheque was
dishonored for the reason the "Cheque was outdated". Thus,
the complainant alleged that the accused did not pay any
heed
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was bounced on the ground that cheque is outdated.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
that a cheque of applicant was disownered by the Bank stating that the account was not opened and the cheque is outdated.
He has next
plaintiff got the cheque from the appellant /
defendant for the purpose of business transactions, it is his duty to present
the cheque for collection ... complaint and once again, he presented
the cheque after knowing that the cheque was outdated and he presented
the cheque only on 20.12.2018. Therefore
presented the cheque for collection on 20.01.2018. Per contra, he
has stated that he has approached the bank and asked about the cheque ... complaint and once again, he presented
the cheque after knowing that the cheque was outdated and he presented
the cheque only on 20.12.2018. Therefore
said cheque was
returned unpaid for the reason "Instrument Outdated". Another cheque
bearing No.000026 dated
Block,
Rajajinagar, Bangalore-10.
The fact of dishonour of the said cheque was brought
to the notice of the defendant but he did not react ... instructs Act means that the
cheque is time-barred or outdated. But the cheque in
question is dated 22-3-98 and was presented
informed the complainant that the cheque
would be honoured if presented again. Accordingly, the
complainant presented the cheque again on 20.07.2023
through Kerala Gramin Bank ... argued
that the cheque was presented for encashment on 20.05.2023
and the Bank committed an error in dishonouring the cheque as
outdated/stale. According
petitioners gave
a cheque of Rs.51,000/- of Bandhan Bank to the complainant.
Lastly the cheque became outdated. It is also alleged that
