The chain of five events: i) the drawal of the cheque, ii) the presentation of the cheque, iii) the returning of the cheque as unpaid, iv) the giving of notice and v) the failure to make the payment within 15 days of receiving the notice – complete the commission of the offence, described under Section […]Read more "Dashrath Rupsingh Rathod, (2014) 9 SCC 129"
A person is deemed to have committed an offence, within the meaning of Section 138 of The Negotiable Instruments Act, 1881 when any cheque drawn by him, on an account maintained by him with a banker, for payment of any amount of money to another person, in whole or partial discharge of a legally enforceable debt […]Read more "The British Month and The NI Act"
Section 138 of The Negotiable Instrument Act, 1881 encapsulates the situation of dishonour of a cheque due to insufficiency of funds in the drawer’s account. Subsequent to the dishonour, Section 138 enjoins that the payee must give a notice to the drawer, in writing, demanding payment of money. More often than not, however, the drawer […]Read more "MSR Leathers v. S. Palaniappan, (2013) 1 SCC 177"