learned Counsel further pointed out that if the
cheque would have been outdated or invalid, then, the objection
would have been marked at Serial ... cheque. At Serial No.30 in the said memo, in the
objections in respect of the validity of the cheque if it is outdated
issued Ex.P11 cheque to the
Complainant. He further admits that, Ex.P 11 cheque also
outdated therefore, he issued again one cheque ... admits that whatever cheque issued by him
are outdated he issued fresh cheques to the Complainant
Further admits that for repayment of RS. 20 lakhs
complainant on 04.12.2018, wherein the cheque return memo was
enclosed with endorsement "cheque/instrument outdated". On inquiry
from the bank, complainant was informed ... such responsibility the CTS
Member had returned the cheque with an endorsement "Instrument
is outdated/stale. "
12) Now the only issue is that
complainant on 04.12.2018, wherein the cheque return memo was
enclosed with endorsement "cheque/instrument outdated". On inquiry
from the bank, complainant was informed ... such responsibility the CTS
Member had returned the cheque with an endorsement "Instrument
is outdated/stale. "
12) Now the only issue is that
other material and when the drawer of the
cheque has not deposed that, the cheque was dated
1/06/2016 when issued ... legal notice.
27. The contention regarding cheque having been
returned for reason "instrument outdated - stale" raised
at Paragraph 13 of the grounds
presented the
said cheque for encashment through his banker, but the said
cheque was returned with an endorsement as "Outdated".
Thereafter, the complainant ... presented the said cheque for encashment
through his banker, but the said cheque was returned with
an endorsement as "Outdated". Thereafter, the complainant
same
was received back with the memo 'Instruments outdated'. Earlier also,
two cheque were sent by the respondent, but the same were
dishonoured ... cheque and ultimately,
the validity period of the cheque expired and it was sent back with
remarks 'it is outdated'. There is deficiency
Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months i.e. after prescribed ... Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months. Thus there was negligency
amount of Rs.94,807/- and the defendant issued a cheque
bearing Nos.000142, 000952 and 000337 dated ... first cheque
with an endorsement for the reason as 'drawers signature
differ' and the second cheque as 'instrument outdated
Inspection of relevant records.
(iii) Fresh cheque in lieu of the outdated/expired cheque."
5. The respondent agreed to take action as per para
