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cheque is not outdated cheque ...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
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outdated despite the fact that cheque reached in the office ...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was outdated.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
failed to raise the issue with respect to the subject cheque being
stale/outdated before the learned Trial Court. It is further submitted
that there ... Appellant based on the subject cheque. The said
cheque was returned unpaid by the bank with an endorsement
„instrument outdated/stale‟. It is the contention
passed the cheque to 2nd respondent bank the next
day, the 91st day as a result that, R2 dishonored the cheque ... slip
dated 08.11.2016 on the ground 'Stale/outdated cheque'.
4. It is the petitioner's case that the cheque had been presented
certificate (Annexure P-7) has
been given which indicates that the cheque was outdated.
The contention of the learned counsel for the petitioner is that ... parties.
On a consideration of facts, it becomes clear that the cheque
became outdated on 27.10.2006, which however, was presented on
28.10.2006 to the collecting
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
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was dated 14.6.1998 and till the year 2008 it was outdated cheque.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
order to make the cheque outdated.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 Instrument post dated/outdated".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
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
payment of
cheque amount as well as balance amount alongwith interest.
However, the petitioner No. 1 failed to make payment of cheque
amount. The complainant ... take note that cheque No.
22672 was also an outdated cheque;
(e) The complainant has already filed a complaint
under Section 138 NI Act vide
