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
complaint holding that
the cheque in question was an "old/invalid cheque", issued after the
merger of the drawee bank, and therefore ... validity of the cheque
on the date of presentation is a jurisdictional pre-condition, and if the
cheque itself is invalid owing to bank merger
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 ... cheque was
"funds insufficient," but in law, the cheque itself was incapable of being
honoured, as it was drawn on an invalid instrument
dishonoured for any other reason
including invalid cheque. The complainant suggested Ex P1
cheque is valid cheque. The said suggestions answered as
not true ... request to get exchange her old
cheque book with new cheque book. Therefore the validity
of cheque is not effected as per merger rules
different ink, it
cannot be held, in law that the cheque is invalid or an inchoate instrument.
35. As rightly contended by the learned counsel ... amount and other particulars.
This in itself would not invalidate the cheque. The
onus would still be on the accused to prove that the
cheque
that the cheque was
dishonoured with an endorsement 'funds insufficient' and not
with an endorsement that the cheque was invalid. The accused ... cheque before the State Bank of India, Ghorab, whereas the
cheque was drawn at the State Bank of India, Palampur.
Therefore, the cheque was presented
cheque may have been filled in by any person other than the
drawer, if the cheque is duly signed by the drawer. If the
cheque ... Apex Court, that, by itself,
would not render the cheque invalid.
24. I find sufficient force in the arguments advanced by learned counsel
