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
cheque for
10 Crl.A.No.125/2019
'insufficient funds' but not for stale cheque. Hence, the
cheque is not outdated cheque ... date of the cheque. Further, on perusal
of the endorsement, it is clear that the cheque was not
dishonoured for stale cheque but it was dishonoured
K. Gopal Raju vs M/S Synergy Holding on 1 February, 2022
KABC010213222012 TITLE SHEET
essential ingredients of
Sec. 138 of N.I. Act that a cheque in question must
have been issued towards legally recoverable debt or
liability ... account of
the accused and also with an endorsement as 'outdated
cheque/stale'. It is further stated by the complainant
that after receipt
Cheque it discloses that it is
an old out-dated cheque. However, the bank has issued the
endorsement by dishonouring the cheque for the reason ... cheque as it
is out-dated, it will not become automatic that the cheque was dated
25.5.2015 and this Complainant presented the said cheque before
plaintiff presented the said cheque through
his account at State Bank of India, Malleshwaram, Bangalore,
and the cheque was dishonoured with an bank endorsement
dated ... cheque for realisation on 30.6.2023 through his
account at " Yes Bank", BVK Iyengar Road, Bengaluru, which
was returned with shara " Cheque outdated
cheque as it is out-dated, it will not
become automatic that the cheque was dated 14.6.2008 and this
Complainant presented the said cheque before ... cheque
was dated 14.6.1998 and till the year 2008 it was outdated cheque.
19. Moreover, the PW1 in order to prove the loan transaction
issued a cheque for
Rs.1,00,000/- on 21.11.2009 and for the remaining
amount, he had issued one post dated cheque bearing
No.780522 ... cheque amount, the said cheque
came to be outdated. Thereafter, after receiving the
outdated cheque, the accused had issued a fresh cheque
bearing No.856373
2023 but to the
dismay cheque came to be returned with Shara
''Non-CTS Cheque '' (Cheque Truncation
System ... legal pros and cons with deliberate and
malafide intention had issued outdated cheque
which remained dishonoured.
iii. That, in light of which, finding no other
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outdated therefore, he issued again one cheque ...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
