Negotiable Instruments Act, 1881, Section 138 -- Mere fact that the account was short of the amount when the cheque was drawn, is of no conse-quence...........
Negotiable Instruments Act, 1881, Section 138 -- Offence is committed only when cheque bounces due to inadequate balance in the account - If cheque is returned unpaid for other grounds, no offence is committed...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque returned with the endorsement `Account closed' - Amounts to an offence under section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- `Account closed.' - Closure of account on a date antecedent to the date of cheque - It is open to the party to show that the cheque was drawn on date antecedent to the date which the cheque bears...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Unless there is an allegation that the cheque bounced on account of want of sufficient funds, the complaint is not maintainable...........
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 -- `Payment stopped by drawer' - No averment in the complaint t hat bank dishonoured the cheque for want of adequate funds in the account of the drawer - S.138 is not attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque - Payment stopped by drawer - Even then offence is committed if drawer had not sufficient funds in the account - Offence u/s.138 does not depend on the endorsement made by the banker while returning the cheque...........
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 -- Cheque - Returned unpaid as `payment stopped by the drawer' - Not an offence as envisaged by S.138 - Offence only when cheque bounces due to insufficient balance in the account. (1990 Civil Court CAses 832 (P&H) followed)...........
