dated 18.04.2018 opposite
party No.1 rejected the cheque on the ground that cheque was
outdated despite the fact that cheque reached in the office ... party No.1 on dated
18.04.2016 rejected the cheque on the ground that cheque
was outdated. There is recital in affidavit that complainant
could
return the cheque on the ground of interpolation but treating the said cheque as dated 30.7.2004 returned the same as 'outdated cheque ... content of the cheque as it contained overwriting but accepting the overwriting as a valid alteration returned the cheque as outdated. Therefore, the case made
described the cheque as dated 30.7.05.
Therefore, the alteration/interpolation of the cheque must have taken
place after the cheque left the custory of OPs1 ... dealt with the cheque when it was
dated 30.7.05 and the OP5 refused to honour the cheque as it was outdated which
means the alteration
returned with the remarks that instrument was outdated.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outdated.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order to make the cheque outdated.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 Instrument post dated/outdated".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
account of the drawer
of the cheque and then in case it is found that
the cheque is outdated or if the account does ... collection and subsequently the instrument was found outdated and the
cheque was returned with endorsement instrument outdated. As such the amount
of `8,518/- which
complainant on 04.12.2018, wherein the cheque return memo was
enclosed with endorsement "cheque/instrument outdated". On inquiry
from the bank, complainant was informed ... such responsibility the CTS
Member had returned the cheque with an endorsement "Instrument
is outdated/stale. "
12) Now the only issue is that
complainant on 04.12.2018, wherein the cheque return memo was
enclosed with endorsement "cheque/instrument outdated". On inquiry
from the bank, complainant was informed ... such responsibility the CTS
Member had returned the cheque with an endorsement "Instrument
is outdated/stale. "
12) Now the only issue is that
same
was received back with the memo 'Instruments outdated'. Earlier also,
two cheque were sent by the respondent, but the same were
dishonoured ... cheque and ultimately,
the validity period of the cheque expired and it was sent back with
remarks 'it is outdated'. There is deficiency
Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months i.e. after prescribed ... Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months. Thus there was negligency