accused urges
that, the Ex.P1 cheque is a non CTS cheque, the accused
to substantiate his contention that the Ex.P1 cheque ... presumption taken specific contention that, the Ex.P1
cheque is non CTS cheque and complainant has it's
custody since
dispute
is non CTS cheque and non CTS cheques were available prior
to 2015 and non CTS cheque are not in use after ... cheque as per the evidence of
DW.2, non CTS cheque and CTS cheque came into existence
only after 2015. But, only on that ground
demand notice, specifically contended
the cheque is older one valid upto 2009. In other
words, the cheque is non CTS cheque. Accordingly,
he specifically alleged ... careful scrutiny of Ex.P.1 Cheque it clearly noticed
that Ex.P.1 Cheque is a non CTS Cheque, because, it
does not contain
Non CTS Cheque, further, as per
Ex.D1 the cheque leafs were collected by the accused on
30.05.2011, however, though it is Non CTS ... cheque to his banker, so,
the alleged issuance of Ex.P2 cheque by the accused
cannot be doubted as the issuance of Non CTS
loan.
15. The accused has stated that Ex-P3 cheque is non
CTS cheque ; that non CTS cheque is not allowed for clearance ... procedure of the RBI
guidelines. Merely because Ex-P3 cheque is non CTS cheque
it cannot be said that the said cheque is not presentable
case stating therein that the reason for non
acceptance of cheque by the bank was "NonCTS Cheque" which ... CTS cheque is presented in regular CTS clearing
then the drawee bank will return the said nonCTS cheque under the
reason code
customer is directed to return the non-CTS cheque and replace with the CTS cheque. The cheque was issued to the petitioner in the year ... exceeds arrangements and cheque was not returned by the banker stating that the cheque was not CTS cheque, further the cheque was not returned
same was returned dishonoured by the
bank for the reasons "Non CTS cheque not allowed".
Thereafter, he got issued a demand notice dated ... presentation, the same is got bounced for the
reasons "Non CTS cheque not allowed" and
inspite of legal notice the accused
some other
persons, whereas the present cheque is an a old non CTS
cheque. So, it substantiates the contention of the accused
that complainant obtained ... learned counsel for
accused that Ex.P-1 cheque is old non CTS cheque, so it
indicates that it was issued long back
non-CTS cheques cannot be presented in CTS.
Bank have been advised to withdraw the non-CTS cheques from the customers. However, non-
CTS cheques ... banks to replace the NonCTS cheques with CTS
cheques.
This is in itself is not sufficient to prove that cheque was issued
