cheque cannot be distinguished from a cheque
which was not presented at all as mentioned in aforesaid judgment. Hence
merely by presenting the stale cheque ... differentia between the case of a cheque
having not been presented at all or a cheque having become outdated/stale,
for the purposes of demand
present the cheque in question till the disposal of
case as by the time of disposal of case the cheque would be outdated.
● That ... present the cheque in
question till the disposal of case as by the time of disposal of case the cheque
would be outdated. During cross
endorsement "Funds Insufficient" and
"Instrument Outdated/STA". The copies of Cheque Return Memo's
have been filed along with
2013,
10/7/2013 and 11/7/2013 respectively i.e., one cheque for
Rs.1,00,000/- and 2 cheques ... insufficient' for 1st 2 cheques and
'instrument outdated' for the 3rd cheque as it was
presented on 21/10/2013.
11. Plaintiff
cheque for discharge of legally
discoverable debt or liability,
b) Presentation of the cheque within the period of its
validity,
c) Dishonor of the cheque ... funds etc but for
the reason for the instrument was outdated/ stale. Dishonor of cheque on
this ground does not attract the liability under section
persistent demands,
defendant no. 2 stood surety/ guarantor and handed over cheque
Suit. No. 51/13 Page No. 2 of 5
Kavita V. Avadhesh Kumar ... malafide intention and when she presented the said cheque it came
dishonored with remarks 'Instrument outdated/ stale'. The plaintiff
also complained
cheque return memo
dated 28.06.2013. The plaintiff contacted the defendant and
informed him about dishonour of the cheque. Thereafter
defendant assured him that cheque will ... back
with the remarks "Instrument Post dated/outdated/undated/
without proper date" vide cheque returning memo dated
17.8.2013. The plaintiff tried to contact
settle and clear the outstanding and after
discussion had issued three cheque in between August, 2012 to
September, 2012 but kept lingering their presentation ... other pretext and finally defendant failed
to clear the said cheque amount as they were got dishonoured due
to insufficient amount in bank account when
Harish Relan vs Kaushal Kumari Relan & Ors on 3 August, 2015
Author: Gita Mittal
Nafan B.V vs Saf Yeast Company Pvt.Ltd. And 7 Ors on 29 October
