John Abraham vs E.P.Poulose on 6 January, 2012
Another decision on the point is
Vijayakumar v. Vijayan M.T. (ILR 2010(4) Ker. 244). When the
accused signs and issues cheque, it is his duty to see that when
the cheque is presented within the time specified, it is honoured.
When it is dishonoured on account of the act of the drawer of the
cheque, then he is liable for offence under Section 138 of the
N.I.Act. Therefore, the ground mentioned by the learned
Magistrate to acquit the accused is unsustainable. Accordingly,
the finding to that effect is set aside.