old cheque or a CTS
cheque, but the fact still remains is why the accused had kept
signed old cheque in his custody ... about if the cheque was stolen from the residence of
accused or from his shop. If the said cheque is old cheque and
only
then, as to why the accused would
issue the old cheque in 2018 i.e after 9 years. If accused had issued
the old cheque ... book is issued. It also shows that the complainant used the
old cheque of the accused might be issued in 2009-2010. On perusal
cheque'. Perusal of record shows that the
complainant has called the bank witness to prove that not only the cheque
was returned being old ... invalid cheque after 01.04.2021 and the cheque in question was
invalid cheque and not come under bounced cheque. Also, date on the
cheque is beyond
record shows that the reason for dishonour of
cheque is old cheque and not the funds insufficient etc. Therefore, the main
issue which has arisen ... whether a
cheque which is dishonored for the reason 'old cheque' is a valid
instrument and is sufficient to attract the provisions under
Ram Chand vs Narayan Sharma on 28 August, 2025
1
( 2025:HHC:29180 )
IN THE
from the accused, that the said Sharmila Rose had returned that old
cheque and received a cheque, now involved in this case and that ... cheque involved in the case, after handing over the old cheque.
Though the complainant side has raised objection, the learned Magistrate has
passed the impugned
complainant regarding as per RBI revised guidelines, receipt
of old cheque bearing No.880663 from the complainant and
issuance of fresh cheque bearing No.000070 ... same in favour of complainant at the time of receiving the old
cheque and issuance of fresh cheque to the complainant. In the
cross-examination
complainant regarding as per RBI revised guidelines, receipt of
old cheque bearing No.370884 from the complainant and
issuance of fresh cheque bearing No.000066 ... Agreement of
Loan dated 31.01.2011 and Ex.P15 receipt of old cheque and
given fresh cheque to the complainant. In the cross-examination
complainant regarding as
per RBI revised guidelines, receipt of old cheque bearing
No.000026 from the complainant and issuance of fresh cheque
bearing No.000063 ... Agreement of
Loan dated 07.06.2012 and Ex.P11 receipt of old cheque and
given fresh cheque to the complainant. In the cross-examination
para
complainant regarding as per RBI revised guidelines, receipt of
old cheque bearing No.370866 from the complainant and
issuance of fresh cheque bearing No.000062 ... Agreement of
Loan dated 31.01.2011 and Ex.P15 receipt of old cheque and
given fresh cheque to the complainant. In the cross-examination
