produced the copy of the cheque and copy of
the endorsement issued by the bank. The cheque is dated
05.03.2013. The endorsement is issued ... stated therein that the cheque is returned for the reason
'insufficient funds and cheque outdated', there is no material on
record to show
returned with the remarks that instrument was outdated.
The cheque was valid counting from the date of its issuance on
14.12.2015 and payment could ... cheque to OP no.3 Oriental Bank of Commerce Branch Bhikhi,
where it was returned unencashed with the report that cheque is
outdated. He further
order to make the cheque outdated.
Due to above said deficient and negligent act of the opposite
parties, said Kheta Singh refused to pay anything ... Instrument post dated/outdated".
Opposite party No.1 performed its duty by sending the said
cheque to opposite party No.2 and the alleged
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cheque would have been outdated or invalid, then, the objection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objections in respect of the validity of the cheque if it is outdated
Inspection of relevant records.
(iii) Fresh cheque in lieu of the outdated/expired cheque."
5. The respondent agreed to take action as per para
having sufficient funds, the complainant did not present the
said cheque and it became outdated. Thereafter, upon repeated requests of the
complainant, accused finally issued ... this cheque
as he was not maintaining sufficient balance in his account and during this period,
three months passed and cheque became outdated. He denied
commission
received in case of failure for which he issued the cheque
No.316432 by wrong mention of 316431 having failed to
arrange letter ... dated 31.05.2017 enclosing cheque 316444 asking to
present the cheque after 12.06.2017 and when presented on
29.08.2017 returned as instrument is outdated
dates mentioned in the cheque return memos. But, the
said cheques again returned with endorsement instrument
outdated, stale. This aspect of the matter shows that ... cheque mentioned at Sl.No.11 returned
with reason instrument stale/outdated vide memo
20 C.C.No.13682/2016
000023 dated
22.6.2016 for a sum of Rs.2,00,000/=, cheque bearing
No. 000024 dated ... when the said cheque was presented for encashment, it
returned dishonored for the reason "Instrument
Outdated/Stale" vide Bank Endorsement dated
Bank on 10.4.2018. The cheque however, was returned vide remarks dated 11.4.2018 to the effect that the cheque was stale / outdated. Being aggrieved, the appellant ... respondent, which inter-alia stated in its reply that the cheque which was valid only till 11.4.2018 was deposited with them late in the evening
