Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -'Refer to Drawer'- Meaning - In normal banking parlance, `Refer to Drawer' means that cheque is returned as funds are not available in Drawer's account...........
Negotiable Instruments Act, 1881, Section 138 -- `Refer to drawer' - Current account statement showing that there had never been the credit balance in the account - sufficient reasons to proceed as there was a prima facie case...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque dishonoured with endorsement `Refer to Drawer' - Inference cannot be drawn that cheque is returned on account of insufficiency of funds - Cheque might have been returned for various reasons - Offence u/s.138 is not made out...........
Negotiable Instruments Act, 1881, Section 138(b) -- 'Refer to Drawer' - With this endorsement cheque dishonoured - It is a courteous way normally adopted by a Bank to show its inability to honour the cheque for want of funds...........
Negotiable Instruments Act, 1881, Section 138 -- 'Refer to drawer' - It does not necessarily mean that cheque was dishonoured for want of sufficient funds - The endorsement 'Refer to drawer' may mean many reasons including the reason of insufficiency of funds - It is for complainant to prove that endorsement 'refer to drawer meant that there were insufficient funds -..........
