face of the cheque. On the very next day of the expiry
date, it becomes a stale cheque. When the cheque date ... considered as stale cheque. Even the computer
system of bank does not recognize the said cheque as a
stale cheque. The reason for dishonor which
client had requested your company to stop the
Post Outdated Cheque on April 24th,2021 through email
at 01:42 p.m...."
Further
defendants have issued two
cheques viz. cheque bearing no.048311 dated 25.03.2021 of Rs.1,50,000/- and
cheque bearing no.048314 dated ... said cheques, the same had been dishonoured with the
remarks "cheque is outdated" and "cheque with alteration cannot be processed in
cheque
payments for cheques No. 018756, 018757, 018758,
018759, and the outdated cheque No. 000030.
FINAL ARGUMENTS
Submissions on behalf of Plaintiff:
14.The plaintiff submits ... payments of cheque no. 018756, 018757,
018758 and 018759 of Rs. 50,000/- each and cheque no.
30 which was outdated to the plaintiff
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old/outdated cheque.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dishonored being outdated with the remarks 'kindly
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the reason Instrument outdated/stale, the cheque became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
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outdated/stale.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
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outdated therefore, he issued again one cheque ...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are outdated he issued fresh cheques to the Complainant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
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were returned with remarks "Cheque is outdated" and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
loan despite request and by that time, the
above mentioned cheque became outdated. However, the
appellant issued three other cheques bearing ... However, the appellant failed to pay the
cheque amount , therefore, the respondent filed complaint.
3. The appellant was summoned by Ld. Trial Court
