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cheque is not outdated cheque ...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
K. Gopal Raju vs M/S Synergy Holding on 1 February, 2022
KABC010213222012 TITLE SHEET
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22672 was also an outdated cheque;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
amount and pursuant to that, defendant
No. 2 handed over an outdated cheque No. 338480 dated 05.01.2018 for Rs.
2,00,000/- drawn on Central ... defendants
for issuance of new cheque in place of said outdated cheque, defendant No. 2
made false excuses and gave assurance to them by stating
present the cheque again with the assurance that the same would be
encashed. On dated 11.06.2019, plaintiff again presented the aforesaid
cheque and the same ... Plaintiff deposited the same
cheque but it was returned back unpaid with the endorsement "cheque
outdated / stale" on 14.05.2019. Again, plaintiff contacted defendant
petitioners gave
a cheque of Rs.51,000/- of Bandhan Bank to the complainant.
Lastly the cheque became outdated. It is also alleged that
Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months i.e. after prescribed ... Sind Bank vide memo dated 14.05.2020 with remarks " Instrument outdated" as the cheque was received after three months.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
amount of Rs.94,807/- and the defendant issued a cheque
bearing Nos.000142, 000952 and 000337 dated ... first cheque
with an endorsement for the reason as 'drawers signature
differ' and the second cheque as 'instrument outdated
plaintiff vide return
memo datedd 29.09.2021 on account of the cheque being outdated w.e.f. 01.07.2021.
Thereafter ... said cheque has been returned unpaid vide return memo dated
29.09.2021 by the bank as the aforesaid cheque has been outdated
from the complainant or issued any cheque
to the complainant for legally recoverable debt and he
has issued cheque in question towards the security
purpose ... presented the cheque for encashment which was came
to be bounced back with an endorsement "Instrument
Outdated Stale" and therefore, he has issued
