Bhaskaran v. Balan [1999(3) KLT 440] ? Is it the drawee
bank only or any bank anywhere in India where the cheque
is presented ... held that the
bank referred to in proviso (a) cannot be the collecting bank;
it must be held to be the drawee bank only
branches of the bank are covered under Core Banking
Solutions (CBS) and in terms of guidelines issued by Reserve Bank of
India vide circular ... home branch of the drawee bank where the accused was
having the bank account in the said bank. In other words, the main
thrust
City Bank, Pune through whom those
cheques were presented to the drawee bank being Bank of Punjab Ltd.,
New Delhi for encashment. Two other cheques ... cheque at Digras
Branch of the bank for presentation to Bank of India at Bhandara, which
was drawee bank. After the cheque was dishonoured , notice
branches of the bank are covered under Core Banking
Solutions (CBS) and in terms of guidelines issued by Reserve Bank of
India vide circular ... present the
same at any CBS enabled branch of the drawee bank in order to encash
the said cheque. That being so, the complainant
bank and not any bank. The bank referred to in clause (a) to the proviso to Section 138 of the Act would mean the drawee ... other bank including the collecting bank presents the cheque for collection to (C) bank. The non-presentation of the cheque to the drawee bank within
HDFC Bank, Juhu Branch at Mumbai for presentation to the
Bombay Mercantile Co-operative Bank, Jaipur Branch, i.e., the drawee
bank for encashment ... hold
that reference to the bank extends to any bank
where the cheque is presented, or any bank from
which holder in due course eventually
branches of the bank are covered under Core Banking
Solutions (CBS) and in terms of guidelines issued by Reserve Bank of
India vide circular ... home branch of the drawee bank where the accused was
having the bank account in the said bank. In other words, the main
thrust
would,
therefore, refer implicitly to a specified bank and not any
bank. "The bank" referred to in clause (a) to the proviso ... other
bank including the collecting bank presents the
cheque for collection to the (C) bank. The non-
presentation of the cheque to the drawee-bank
branches of the bank are covered under Core Banking
Solutions (CBS) and in terms of guidelines issued by Reserve Bank ... present the
same at any CBS enabled branch of the drawee bank in order to encash
the said cheque. That being so, the complainant
cheque to the bank,
(3) Returning the cheque unpaid by the drawee bank, (4)
Giving notice in writing to the drawer of the cheque
demanding ... observed that "non-presentation of the
cheque to the drawee bank within the period specified in
the Section would absolve the person issuing
