date of cheque is 16.08.2013. The date of presentation of
cheque is 19.08.2013. The date of return of cheque for "Insufficient Funds ... present cheque was issued as empty cheque
for security. There is no suggestion made by the accused to PW1 that
the present cheque
complainant. The cheque
at Ex.P1 is the last cheque in the said cheque book. Other
6 cheques of the said cheque book ... over issuance of cheque by the
drawer. The payee does not know that the cheque issued to him is
an old cheque
contentions of the complainant in his
evidence and cross examination. Old cheque of the accused
was issued in the month of June ... accused issued Ex.P.3 cheque.
Admittedly cheque number shown in Ex.P.2 agreement and
Ex.P.3 cheque are different
petitioner for assisting Ram Chandra Yadav for
encashing of the old cheque. Learned counsel further submits
that on account of some misconception the petitioner
further defence
was that the complainant had misused some old cheque of
his.
6. Whereas the complainant proved his case before
the learned trial Court ... cheat him and that the complainant in fact has misused some
.
old cheque of the accused. Admittedly, the accused has not
filed any case
Before this Court learned counsel for the petitioner argues that an old
cheque was lying with the respondent/complainant wherein the date was
filled ... book was issued in the year 2008 and it was an old cheque. I am afraid that
this piecemeal appreciation of evidence cannot be done
loan of ` 9.90 lacs to the accused for which he issued
cheque dated 04.03.2013 of the said amount which was
dishonoured for want of sufficient ... taken a view that the cheque in question is an
old cheque which is not a part and parcel of the modern days
banking practice
exceeds arrangements and cheque was not returned by the banker stating that the cheque was not CTS cheque, further the cheque was not returned ... There is no restriction by the RBI restricting the use of old cheque/non CTS issued to the customer.
5.In view of the above
offence under Section 138 of the Negotiable Instruments Act, in a cheque for Rs.1,50,000/- that is said to have been issued ... year 2000 itself, but whereas Shanmugasundaram had misused the old cheque that was in his possession and had lodged the present prosecution
offence under Section 138 of the Negotiable Instruments Act, in a cheque for Rs.1,50,000/- that is said to have been issued ... year 2000 itself, but whereas Shanmugasundaram had misused the old cheque that was in his possession and had lodged the present prosecution
