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dated 08.11.2016 on the ground 'Stale/outdated cheque'.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
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was dated 14.6.1998 and till the year 2008 it was outdated cheque.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
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having not been presented at all or a cheque having become outdated/stale,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22672 was also an outdated cheque;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
that the said cheque
would be honored upon its presentment. The details of the aforesaid
cheques are as follows:
SI. No. Cheque No. Date Amount ... Dishonour Dishonour
1. 613826 18.11.2015 Funds
Insufficient
2. 613827 01.12.2015 Instrument
outdated/Cheque
stale
3. 613828 01.12.2015 Instrument
outdated/Cheque
stale
4. 613829 01.12.2015 Funds
time of giving cheque, defendant No. 1 made request to the plaintiff to
present the said cheque after one month and thereafter again after ... cheque as he would make the entire payment in cash but
plaintiff presented the said cheque the same was returned with the remarks
outdated cheque
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becomes outdated and therefore no liability
India, Main Branch, S.P.Patel Marg, Nagpur on
29.9.2009; but the Cheque No.101443, dt.30.6.2009 ... said Cheque was
dishonored for the reason the "Cheque was outdated". Thus,
the complainant alleged that the accused did not pay any
heed
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
