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cheque is not outdated cheque ...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
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was dated 14.6.1998 and till the year 2008 it was outdated cheque.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
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came to be outdated.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outdated cheque, the accused had issued a fresh cheque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
produced
the same before the Court and therefore the liability
under the cheque is not supported by any
consideration. Hence the learned Magistrate has rightly ... stated that when the cheque is presented beyond six
months from the date of its handing over, the cheque
becomes outdated and therefore no liability
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said cheque and it became outdated.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three months passed and cheque became outdated.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
without signature
and another cheque bearing No. 069551 of Rs. 60,00,000/-was dishonored
with reason instrument outdated, for which no civil suit ... seeking any remedy
against the unsigned cheque and the cheque which has been returned unpaid
being outdated, shows/reflects that the cheques were not issued
favour of the Complainant ("cheque 3");
(cheque 1, cheque 2 and cheque 3 are collectively hereinafter referred
as "cheques in question ... question; cheque 3
was returned unpaid on grounds of "funds insufficient"; cheque 1 was returned
unpaid due to "instrument outdated" vide
complainant to whom the impugned cheque was given as a
security. Allegedly, the said cheque was given as security as the complainant was
apprehensive that ... said claim, the
accused attempted to prove that the cheque is an outdated instrument as in the year 2010,
the Central bank issued a directive
account of accused to honor the cheque and but for the
instructions of stop-payment the cheque upon its presentation
would have been duly honored ... regarding
stoppage of payment against the cheque in
question in advance. The cheque was a post-dated
blank cheque issued in advance in good faith
