Bank of India at the time
when the cheque was presented and, therefore, the cheque was
invalid and therefore, the same would not attract provisions ... submission
that the date on which the cheque was presented, the said
cheque was invalid and therefore there should not be any
proceedings under Section
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
cheque in place of this earlier old cheque. But despite of having
such knowledge the complainant has presented said cheque
for the second time ... accused asking to
present the cheque for second time is very less and knowing
that the cheque is invalid the complainant has again presented
clearly held that if the cheque is dishonored for the
reason that the cheque is invalid, the offence under
Sec.138 does not attract ... Bank of India and as such, the cheque dated
20.09.2021 was dishonoured for the reason cheque
invalid. The facts of this case are similar
cheque
bearing No.509933 for a sum of Rs.10,00,000/-. It is shows
that cheque was dishonored for the reason "Invalid account ... above provision of law, it is
clear that if any invalid cheque is presented before the
Bank and the same was dishonoured, then there
Accused has vehemently
argued that Ex.P1 cheque was an invalid cheque leaf as on the
date of the said cheque ... above provision of law, it is clear
that if any invalid cheque is presented before the Bank and the
same is dishonoured, then there
said cheque came to be
dishonored and said cheque belongs to the accused was
returned as "Unable to scan cheque as Invalid MICR Code ... said cheque came to be dishonored and said
cheque belongs to the accused was returned as "Unable to
scan cheque as Invalid MICR Code
Section 138 N.I. Act, it is clear that if any invalid cheque
is presented before the Bank and the same was dishonoured, then there ... Andhra Pradesh , 2024 SCC OnLine AP 5115 has held
that an invalid cheque will not attract the liability