Saturday, October 4, 2025

Liability for Cheque Dishonour under Negotiable Instruments Act, 1881

Liability for Cheque Dishonour :  The principles laid down in Anu Products Ltd v. Raj Agro Tech [2015] GCtR 6452 (Delhi) that the scope of Section 138 of Negotiable Instruments Act, 1881 would cover cases where the ascertained and crystallised debt or other liability exists on the date that the cheque is presented, and not only to case where the debt or other liability exists on the date on which it was delivered to the seller as a post-dated cheque, or as a current cheque with credit period. The liability, though, should be in relation to the transaction in respect whereof the cheque is given, and cannot relate to some other independent liability. If, on the date that the cheque is presented, the ascertained and crystallised debt or other liability relatable to the dishonoured cheque exists, the dishonor of the cheque would invite action under Section 138 NI Act. 

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