That in the month of May
2015, the accused issued a cheque of Rs. 2,00,000/- bearing no. 025531 dated
19.05.2015 for part repayment ... complainant not to present the cheque on its due date and
later on the said cheque become outdated and could not be used. That
traceable."
"I am aware of the fat that a cheque becomes outdated of the expiry of period of 6 months from the date
bankers refused
to accept the cheque saying that the cheque issued by the plaintiff
was an invalid cheque ... cheque from the plaintiff, he visited the
bank where the bank officials denied to encash it as they said
cheque was outdated. The witness immediately
bank witness clearly establishes that the cheque reached the drawee
bank on 15.09.2014. Thus, the cheque was presented within the statutory validity
period ... cheque was not dishonoured on the ground of being stale. The
return memo does not record "stale cheque" or "outdated instrument
gave two cheques to the plaintiff:
cheque no. 501707 dated 20.09.2015 in the sum of ₹6 lakhs and
cheque no. 501708 dated ... requesting the plaintiff
to not present the cheques and consequently, one cheque became
outdated and later, the other was dishonoured with the remarks
"insufficient
cheque no.011273
dated 22.05.2024 for Rs.2,00,000/- and cheque no.011274
CS (Comm.)25/2025 M/s Reshma Collection ... encashment, but the said cheques
were returned with remarks "Cheque is outdated" and
"Payment stopped by drawer" vide return memos dated
cross-examination dated 02.08.2010
admitted that the cheque in question was dishonoured for the reason
"outdated/stale". The dishonor memo ... shows the reason for
dishonour of cheque in question to be "instrument outdated/stale". The reply
from Bank of Baroda
utter shock it got dishonoured with remarks
'Instrument outdated/stale'. The dishonoured cheque was
handed over to the complainant ... reason
code "31," meaning "Instrument Outdated/Stale." Since the
cheque was stale, the system automatically returned the
CC NI Act 36653
said cheque
alongwith the deposit slip and the cheque return memo,
exhibited as Ex.PW1/6 (Colly). A perusal of the said cheque
reveals ... reason for the dishonoring the said cheque has been
mentioned as "The cheque is outdated". Moreover, the deposit
slip relied upon
accused qua all three cheques in question, however the cheque bearing no. 000025
was outdated when it was presented. The accused has admitted the issuance ... counsel for the accused never
objected that the cheque bearing no. 000025 is outdated and that the complaint is
not maintainable qua the said cheque
