said offence: (1) Drawing of the
cheque, (2) Presentation of the cheque to the bank, (3) Returning the
cheque unpaid by the drawee bank ... reference
to the place where the cheque was dishonoured. That is because dishonour of
the cheque was not by itself an offence under Section
cheque cannot be extended so as to cover the endorsement
“signature differed from the specimen supplied” or likewise. If
the cheque is returned/bounced/dishonoured ... dishonoured) to prove
that the instrument was without any lawful consideration. It is also
noteworthy that Section 138 while making dishonour of a cheque
amount of the cheque ( section 138 ) thereby
rendering section 357(3) virtually infructuous in so far as cheque dishonour
cases.
1
(ii) The provision enabling ... recovery
of the cheque amount, the punishment of the drawer of the cheque for the
offence of dishonour, becoming secondary.
16. Having reached that stage
Section 138 of the Act
the drawer of a dishonoured cheque only is liable
for punishment". He also cited K. Seetharam
Reddy ... drawn the cheque on his
account is alone liable in the event the cheque
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drawn by him is dishonoured". In the light
dated cheque; goods/ services are
supplied in terms of the contract, and; the post-dated cheque upon
presentation on the due date gets dishonoured ... cheque, or as a current cheque with credit period. The liability,
though, should be in relation to the transaction in respect whereof the
cheque
covered by the cheque. Instead, the complainant-payee of the
cheque had presented the cheque for collection once again, which was
dishonoured a second time ... hold that while a cheque is presented afresh the right to
prosecute the drawer, if the cheque is dishonoured, is forfeited only
because the previous
original cheque i.e.
a cheque of Rs. 50,000/- bearing No. 817773 dated 30-08-
2006 and another cheque bearing No. 350562 dated ... respondent issued cheque for Rs. 3,87,500/- and this cheque
has bounced.
5. The defence had taken the stand that the dishonoured
cheque
representations from the public including
trading community relating to pendency of cheque
dishonour cases. This is because of delaying tactics of
unscrupulous drawers of dishonoured ... representations from the public including
trading community relating to pendency of cheque
dishonour cases. This is because of delay tactics of
unscrupulous drawers of dishonoured
account of the drawer of the cheque to honour the cheque or (2) the amount covered by the cheque exceeding the amount arranged ... person who has issued the cheque inviting his attention that the cheque has been dishonoured and he is liable for penal consequences under
payee or a holder in due course of a dishonoured cheque can institute a complaint under Section 138 of the Act, on behalf ... official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved
