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stale/outdated before the learned Trial Court.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„instrument outdated/stale‟.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dated 08.11.2016 on the ground 'Stale/outdated cheque'.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
offered 40 lakhs being the highest one but subsequently, sent
an outdated cheque. Offers made by other offerers are silent on
payment of arrear
question are not disputed. The
dishonourment of the cheque in question for the reason
"Cheque outdated/post dated/ undated & Bank/Branch blocked ... case that the accused tendered
the amount entailed in the cheque in question upon entering
appearance before this court in response to the summons issued
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outdated/Cheque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outdated/Cheque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
Block,
Rajajinagar, Bangalore-10.
The fact of dishonour of the said cheque was brought
to the notice of the defendant but he did not react ... instructs Act means that the
cheque is time-barred or outdated. But the cheque in
question is dated 22-3-98 and was presented
other material and when the drawer of the
cheque has not deposed that, the cheque was dated
1/06/2016 when issued ... legal notice.
27. The contention regarding cheque having been
returned for reason "instrument outdated - stale" raised
at Paragraph 13 of the grounds
That in the month of May
2015, the accused issued a cheque of Rs. 2,00,000/- bearing no. 025531 dated
19.05.2015 for part repayment ... complainant not to present the cheque on its due date and
later on the said cheque become outdated and could not be used. That
said cheque
alongwith the deposit slip and the cheque return memo,
exhibited as Ex.PW1/6 (Colly). A perusal of the said cheque
reveals ... reason for the dishonoring the said cheque has been
mentioned as "The cheque is outdated". Moreover, the deposit
slip relied upon
case of plaintiff that the cheque was
dishonoured due to the reason "outdated/stale" and the same was due to
inefficiency ... cheque
as the cheque was not presented by the defendants timely and thus it got
dishonoured due to the reason "outdated/stale
