that disputes had arisen on
account of the dishonour of five cheques issued by the
appellant. Thereafter, the parties went through the several
stages ... transacting business on
negotiable instruments. It was to enhance the acceptability of
cheques in settlement of liabilities by making the drawer liable
for penalties
actual view of the Court.
In the present case the four cheques which are the
subject matter of the criminal proceedings were admittedly
executed ... within the statutory period.
The cheques were drawn on the Andhra Bank in favour of
the Standard Chartered Bank (briefly referred
According to the respondent,
the appellant issued two cheques, i.e., one cheque bearing
No. 052912 dated August ... discharge of his liability. The case of the respondent is
that the cheques were deposited in the bank by him for
encashment, but those cheques
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Bank, New Delhi. Complainant then said "the -accused persons issued
two cheques to the applicant company for repayment of above said money
bearing ... payment of interest
respectively and drawn on Corporation Bank", When these cheques were
presented for payment, these were returned dishonoured with the remarks
that
decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities
ground that the complainant had failed to prove that the
cheques were issued by the respondent against a liability i.e. refund of loan ... facts relevant for the purpose of deciding this appeal are that
three cheques dated 27th September, 2006, 4th October, 2006, and 6th
October
heeds the absurd and stressful situation, fast
becoming common-place where several cheques signed by the same drawer are
presented for encashment and requisite notices ... Birbhum at Suri, West Bengal for the dishonour
of a number of cheques issued by the accused-company which had its
headquarters in Ernakulam, Kerala
company issued under the signatures of
its authorised signatories several post dated cheques towards the payment
of the amount aforementioned. Several of these cheques ... called upon them to pay the
amount covered by the cheques. It is common ground that the amount covered
by the cheques was not paid
form of loans and in consideration
thereof issued post-dated cheques either in his personal capacity or as the
signatory of the Company which ... Company. The appellant, in order to discharge the
said liability, issued six cheques amounting to Rs.1,00,000/- each and
another cheque