Section 138 in The Negotiable Instruments Act, 1881
138. Dishonour of cheque for insufficiency, etc., of funds in the account.—
Where any cheque drawn ... cheque, or with both: Provided that nothing contained in this section shall apply unless— (a) the cheque has been presented to the bank within
only a summons under Section 205 Cr.P.C is
issued in all prosecutions under Section 138 of the Negotiable
Instruments Act.
16. Even assuming ... accused exempted under Section 205 Cr.P.C in a prosecution
under Section 138 of the Negotiable Instruments Act (a
summons case) can be recorded
that the proceedings before the Metropolitan Magistrate Courts, under section 138 of the Negotiable Instruments Act, be quashed. In some of these petitions a prayer ... submits that section 141 of the Negotiable Instruments Act, makes it clear that, in cases where an offence under section 138 is committed
dated 13.2.1992 whereby the complaint filed by the petitioner under section 138 Negotiable Instruments Act against the respondent was returned for presentation to the proper ... complaint the notice of dishonour was given as per Section 138 Negotiable Instruments Act. Despite the notice, the respondent failed to pay the amounts under
under Section 190 of the Cr.P.C. is not sustainable in the above prosecution launched under Section 138 of the Negotiable Instruments Act. Clause ... 138 of the Negotiable Instruments Act. Section 142 (a) of the Act states that cognizance of the offence punishable under Section 138 shall be taken
made by the accused and therefore, a complaint under Section 138 of Negotiable Instruments Act was filed by the complainant at Muzaffar Nagar on 23rd ... Additional Chief Metropolitan Magistrate, Mumbai, under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, against the petitioner firm and some
Magistrate. According to Section 143 of Negotiable Instruments Act the trial of the cases under Section 138 Negotiable Instruments Act shall be of summary nature ... summoning of the petitioners on the basis of Section 141 Negotiable Instruments Act. Section 141 Negotiable Instruments Act reads as under :-
"141. Offences
petitioner as well as
the sentence for offence under Section 138 of Negotiable
Instruments Act is ex-facie perverse and cannot be sustained ... which is a
condition precedent for filing of case under Section 138 of
Negotiable Instruments Act. She has further stated that even the
complainant remained
Section 420 I.P.C. as Bar under Section 142(a) of the Negotiable Instruments Act is applicable only for an offence under Section 138 ... Negotiable Instruments Act.
28.Before filing a complaint under Section 142 of the Negotiable Instruments Act for having committed an offence under Section 138
section 138 apparently appears to have been committed in the course of such transaction and as such, Process issued under section 138 of Negotiable Instruments ... Negotiable Instrument Act, 1881 as also section 118(a) of Negotiable Instruments Act, 1881 will have to be made.
Section 139 of Negotiable Instruments
