rajesh r 03 February 2020

138 n i act

dear sir/s

does the bank endorsement "KINDLY CONTACT DRAWER
DRAWEE BANK AND PELASE PRESENT AGAIN" an offence under 138n.i act

regards

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 03 February 2020

Dear querist,

It is not offence as per section 138 of NI act. Find out ghe reason of dishonour of cheque.

Regards,

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Neel Nik 03 February 2020

No, it doesn't constitute an offence

1 Like

Shashi Dhara 03 February 2020

Funds must be insufficient with malafide intention to cheat

1 Like

rajesh r 03 February 2020

thank you for the suggestions to you all sir ... if i could request you..can you please help me with any apex or high court judgements where the case has been dismmissed for the above reason with shara "KINDLY CONTACT DRAWER
DRAWEE BANK AND PELASE PRESENT AGAIN " resulting in aquittal of the accused/ convict

regards

rajesh r 03 February 2020

any link to such citation will be appreciated

Adv. Umesh Arora (SCI) 03 March 2020

This amounts to the dishonor of cheque for want of money and is triable and punishable u/s 138. It would be better if you confirm from bank that the sufficient amount was available in the bank account or not on the date in consideration.

The banker can only give query here. If you are the holder of the cheque, you can file an RTI to know this info.

Regards

2 Like