demand
notice; fourthly, the cheque in question is a stale cheque; fifthly,
the cheque in question is a non-CTS cheque and hence ... cheque in question is a stale cheque, it was for the accused to
prove through evidence that the cheque in question is a stale
cheque
Andhra Bank Cheque State Bank of The cheque was
70/2018 Paschim Vihar, No.485650 India, Cheque forged with
(CIS No. Delhi dated truncated signature ... Vijaya Bank Cheque State Bank of The cheque was
71/2018 Jasola, Delhi No.785830 India, Cheque forged with
(CIS No. dated truncated signature
CTS
cheques are basically old cheques which were earlier issued by the bank
and have now been discontinued. The fact that a nonCTS cheque ... accused, the cheque in question was issued to the complainants as a
security cheque much prior to the date mentioned on the cheque and that
that the
cheque book containing 20 cheque leaves including the cheque
in question was issued in February 2009, out of these 20
cheque leaves, seventeen ... issuing a cheque from old cheque
book even if new cheque book has been issued, the only
condition is that the cheque issued must
remark 'Refer to Drawer'
as it was a non-CTS cheque. Subsequently, the testimony of Sh. Jatin Guri (DW-3)
was recorded ... cheque in question. Furthermore, according to the testimony of
Bank witness/ DW-3, had the cheque not been returned for being non-CTS in
nature
taken the cheque on question and presented the
same.
16. He submitted that the cheque in question is a non-
CTS cheque which ... CTS
cheques cannot be presented in CTS. Banks have been
advised to withdraw the non-CTS cheques from the
customers. However, non-CTS cheques remain
Branch, New Delhi
which was returned with the remarks "Non CTS Cheque" vide bank return
memo dated 04.12.2019. That, thereafter, complainant served ... cheque in question
was dishonoured for the reason "non CTS cheque" and that the same
was mentioned in the legal demand notice
processing of nonCTS cheques was made limited to some
particulars days.
13. Vide notification dated 22.01.2010, the RBI started CTS (Cheque
Truncation System ... CTS cheque is presented in regular CTS clearing
then the drawee bank will return the said nonCTS cheque under the
reason code
Court erred in not considering that
the cheque was a non-CTS cheque and not a valid
instrument and did not consider Notification No. DPSS ... cheque as a security
cheque. It is not the case of the appellant that he gave the cheque before
the year 2010 when non-CTS
said cheque
was dishonour. From perusal of cheque retutn memo EXPW1/8 it is
evident that cheque was dishonor not because cheque ... cheque No.
205969 was given as security cheque and also admitted that no
communication in writing was done with plaintiff company that the said
cheque
