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was dated 14.6.1998 and till the year 2008 it was outdated cheque.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came to be outdated.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outdated cheque, the accused had issued a fresh cheque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
presented the
said cheque for encashment through his banker, but the said
cheque was returned with an endorsement as "Outdated".
Thereafter, the complainant ... presented the said cheque for encashment
through his banker, but the said cheque was returned with
an endorsement as "Outdated". Thereafter, the complainant
cheques
bearing No. 825583 of Rs.90,000/ dated 24.04.2014 and another
cheque bearing No.825584 of Rs.60,000/ dated 29.04.2014, both
drawn ... same was returned unpaid on 25.04.2014 with
remarks "The Cheque is Outdated".
1.3. The plaintiff contacted with the defendant and
intimated about
deposit a fresh cheque/cash
regarding statutory amount within six weeks as the cheque
deposited has not been encashed being outdated.
Office is directed
cheque of Rs.
25,000/- (rupees twenty five thousand) by way of statutory
amount, as earlier cheque was not encashed, as it was outdated
presentation of this cheque on 20-8-
2013. Why this cheque was presented second time when it
had already become outdated/stale is not understandable ... same is not correct because this cheque was dishonoured on
the ground of being 'outdated/stale'. Now plea taken that
cheque i.e. on 20.09.2012 and
the plaintiff agreed for the same. On 18.08.2012, the defendants asked
the plaintiff not to present the cheque ... same was
returned unpaid with remarks "Instrument outdated" vide memo dated
31.10.2012. The said cheque was also issued with other cheques on
same
respondent, petitioner presented the cheque on
24th April 2015, where-upon cheque was returned unpaid dishonoured
with remarks "Instrument outdated/Stale" vide return ... counsel.
In the present case, cheque was drawn on 25th January 2015 and
indisputably, cheque had been presented by the petitioner before
Indus Ind Bank
