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
submits that section 141 of the Negotiable Instruments Act, makes it clear that, in cases where an offence under section 138 is committed ... section 536(2) would never apply and no transaction/payment/disposition would be void.
27. Mr. Chinoy submits that under section 138 of the Negotiable
Delhi, dated 13.2.1992 whereby the complaint filed by the petitioner under section 138 Negotiable Instruments Act against the respondent was returned for presentation ... 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 138 for an offence to become complete, takes place, will be having jurisdiction, for taking cognizance of an offence under section 138 ... Learned Additional Chief Metropolitan Magistrate, Mumbai, under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act, against the petitioner firm
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 ... section 139 of Negotiable Instrument Act, 1881 as also section 118(a) of Negotiable Instruments Act, 1881 will have to be made.
Section
Court, New
Delhi. Criminal Case No.17508 of 2017 under Section 138 of
Negotiable Instruments Act, 1881 in the court of ld.
Metropolitan Magistrate ... alongwith his wife. Criminal Case No.3686
of 2017 under Section 138 of Negotiable Instruments Act,
1881 in the court of learned Metropolitan Magistrate
