Date Distorted
Complainant files a case u/s 138 NI Act and deposits the original Cheque, The Bank Return Memo etc in the court & this fact is mentioned in the Court Proceedings. The court takes cognizance in the matter and issues Notices. The Notices remained unserved for 5-6 years. Later on Bailable Warrants are issued and the accused comes and takes the bail. Meanwhile in the Court Files the date on the Cheque gets distorted/blurred due to some gum spilling on the cheque somewhere during the handling of file in the court due to which the cheques gets glued/stuck to another paper and when the same is separated the gum blurs/distorts the date.
What advantage can the accused get out of this situation, looking to the fact that (i) He never replied to the notices (ii) Since the court order sheet makes a mention of the cheque & had the cheque been distorted by the complainant the court would have taken a note of it when it was presented to the court (iii) The bank which returned the Cheque also returned it for want of funds and makes no such mention of any overwriting or distortion
