Principles of Law of Contract in cases of Cheque Dishonour under Negotiable Instruments Act, 1881
In case of Shardha Nand Bansal v. Ashok Kumar Bhalla [2025] GCtR 1627 (Delhi) dealing with a case of offence under Negotiable Instruments Act, 1881, the conviction of accused was found valid. This case involved issuance of multiple cheques. It was stated that in this case the cheques dated 24.08.2015 and 16.08.2015 even if considered to have been issued in respect of time barred debt which was payable till 07.08.2018, then too Section 25(3) of the Indian Contract Act, 1872 provides that a promise made in writing and signed by the person to be charged therewith, to pay wholly or in part, a debt of which the creditor might have enforced payment but for the law for the limitation of suits, is a valid and enforceable contract. A cheque is a promise to pay made in writing and signed by the drawer.
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