Tag Archives: Dishonour of cheque

Dishonour of post-dated cheques covered by section 138 of Negotiable Instruments Act

By | October 28, 2016

whether in the facts of the present case, the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 (“the Act”). Held Dishonour of cheque in the present case being for discharge of… Read More »

section 138 dishonour of cheque

By | August 19, 2015

Q Whether Cheque issued against supply of material can be stopped for payment  without proving that goods supplied were  of inferior quality ? Negotiable Instruments Act : Where accused failed to prove that goods supplied by complainant were of inferior quality, accused was guilty of commission of offence under section 138 on dishonour of cheque issued… Read More »

Dishonour of cheque Liability on date of presentation

By | August 9, 2015

Question : Whether in case of dishonour of cheque , person issuing the cheque can claim that the debt or other liability should be in existence on the date of issuance of the cheque before punishing him with imprisonment or fine  as per the provisions of Section 138 of the Negotiable Instruments Act, 1881 ? Neither the main… Read More »