return of the cheque
assumes significance. If the cheque is not
returned with a specific endorsement that,
the cheque is invalid ... cheque may deliver a signed blank cheque to
the payee, or the drawer of cheque may
himself draw a post dated cheque. In the
intervening
return of the cheque assumes significance. If the cheque is not
returned with a specific endorsement that, the cheque is invalid ... cheque may deliver a signed blank cheque
to the payee, or the drawer of cheque may himself draw a post
dated cheque. In the intervening
return of the cheque assumes significance. If the cheque is not
returned with a specific endorsement that, the cheque is invalid ... cheque may deliver a signed blank cheque
to the payee, or the drawer of cheque may himself draw a post
dated cheque. In the intervening
return of the cheque assumes significance. If the cheque is not
returned with a specific endorsement that, the cheque is invalid ... cheque may deliver a signed blank cheque
to the payee, or the drawer of cheque may himself draw a post
dated cheque. In the intervening
with an endorsement "Invalid cheque (SBH)".
Therefore, it can be presumed that the cheque in
question was invalid on the date of presentation ... invalid cheque, observing that Section 138
explicitly requires the cheque to be valid at the time
of presentation, and since the cheque in question
hence cheque deserves to be invalid and section 138 of NI Act
does not attract for invalid cheque.
24. In this regard, this court ... Section 138 N.I
Act, it is clear that if any invalid cheque is
presented before the Bank and the same
was dishonored, then there
cheque belongs to Syndicate Bank and the
said Syndicate bank has merged with the Canara Bank and
the Syndicate bank cheque has become invalid ... hence cheque
deserves to be invalid and section 138 of NI Act does not
attract for invalid cheque.
25. Further in support of his contention
bank is merged with another
bank and cheque got invalid, then the invalid cheque does not come under
bounce cheque. He voluntarily stated that ... that the bank does
not accept invalid cheque after 01.04.2021 and the cheque in question was
invalid cheque and not come under bounced cheque. Also
cheque bears the typewritten date as "10/10/207" and that
the date shown in Exhibit-P2 cheque is invalid and that therefore ... loss."
Accordingly, it is contended that acceptance of such an invalid cheque
by the Banker would amount to negligence and that the Banker would
cheques vide notification (Annexure P-4), therefore, an
invalid cheque was presented by the complainant. No legal
rt
liability exists and learned Trial Court erred ... arrangements and the cheque was not returned by
the banker stating that the cheque was not a CTS cheque,
further the cheque was not returned
