Liability for cheque dishonour in case of blank cheque or Cheque given as Security and for offence under S.138 of Negotiable Instruments Act, 1881

Liability for cheque dishonour in case of blank cheque and for offence under S.138 of Negotiable Instruments Act, 1881 was explained in Signaps v. Bumpy Udyog [2008] GCtR 6452 (Delhi). In this case cheque was issued on 14/12/99 and cheque was returned on 21/12/99. Accused had argued that cheque was given as security. 

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. 

Negotiable Instruments Act, 1881 and "Cheque Dishonour" : SC Explains the Principles

Negotiable Instruments Act, 1881 and Cheque Dishonour : SC Explains the Principles

In case of Damodar S. Prabhu v. Sayed Babalal H [2010] GCtR 6297 (SC) it was held that it may be noted here that Section 143 of the Negotiable Instruments Act, 1881 makes an offence under Section 138 of NI Act, 1881 triable by a Judicial Magistrate First Class (JMFC). After trial, the progression of further legal proceedings would depend on whether there has been a conviction or an acquittal. 

If the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs. Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount. 

It should be mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction. Such a disclosure should be made on a sworn affidavit which should accompany the complaint filed under Section 200 of the Code of Criminal Procedure, 1973. If it is found that such multiple complaints have been filed, orders for transfer of the complaint to the first court should be given, generally speaking, by the High Court after imposing heavy costs on the complainant for resorting to such a practice.

Sec.138 of Negotiable Instruments Act, 1881 : HC Explains Important Legal Aspects

Sec.138 of Negotiable Instruments Act, 1881 : HC Explains Important Legal Aspects

An important Judgment was passed by Hon'ble Punjab and Haryana High Court on 10 February 2015. 

In context of Negotiable Instruments Act, 1881, in Nitin Chadha v Swastik Vegetable Products Pvt Ltd [2015] GCtR 3011 (P&H) it was held thus : - 

"As per procedure adopted by the Bank, different type of cheques are issued by adopting different methods, which is reproduced as under:- 

Open cheque or bearer cheque: The issuer of the cheque would just fill the name of the person to whom the cheque is issued, writes the amount and attaches his signature and nothing else. This type of issuing a cheque is also called bearer type cheque also known as open cheque or uncrossed cheque. The cheque is negotiable from the date of issue to three months. The issued cheque turns stale after the completion of three months. It has to be revalidated before presenting to the bank. 

A crossed cheque or an account payee cheque: It is written in the same as that of bearer cheque but issuer specifically specifies it as account payee on the left hand top corner or simply crosses it twice with two paralled lines on the right hand top corner. The bearer of the cheque presenting it to the bank should have an account in the branch to which the written sum is deposited. It is safest type of cheques. 

A self Cheque: A self cheque is written by the account holder as pay self to receive the money in the physical form from the brach where he holds his account. 

Pay yourself cheque: The account holder issues this type of crossed cheque to the bank asking the bank to deduct money from his account into bank’s own account for the purpose of buying banking products like drafts, pay orders, fixed deposit receipts or for depositing money into other accounts held by him like recurring deposits and loan accounts. 

Post dated cheque: (PDC): A PDC is a form of a crossed or account payee bearer cheque but post dated to meet the said financial obligation at a future date. Various types of cheques based on their functionality: 

Local cheque: A local cheque is a type of cheque which is valid in the given city and a given branch in which the issuer has an account and to which it is connected. The producer of the cheque in whose name it is issued can directly go to the designated bank and receive the money in the physical form. If a given city’s local cheque is presented elsewhere it shall attract some fixed banking charges. Although these type of cheques are still prevalent, especially with nationalised banks. It is slowly stated to be removed with at par cheque type. 

At par cheque: With the computerisation and networking of bank branches with its headquarters, a variation to the local cheque has become common place in the name of at par cheque. At par cheque is a cheque which is accepted at par at all its branches across the country. Unlike local cheque it can be presented across the country without attracting additional banking charges. 

Banker’s cheque. It is a kind of cheque issued by the bank itself connected to its own funds. It is a kind of assurance given by the issuer to the client to alley your fears. The personal account connected cheques may bounce for want of funds in his account. To avoid such hurdles, sometimes, the receiver seeks banker’s cheque. 

Travelers’ cheque: They are a kind of an open type bearer cheque issued by the bank which can be used by the user for withdrawal of money while touring. It is equivalent to carrying cash but in a safe form without fear of losing it. 

Gift cheque: This is another banking instrument introduced for gifting money to the loved ones instead of hard cash.

The offence under Section 138 of the Act is not like the offence under IPC." 

Kindly note that full text Judgments of Hon'ble Punjab and Haryana high Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://phhc.gov.in/home.php?search_param=case

Then entering the Case Number , for example, as Crl. Misc. No. M-37492 of 2012.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.   

S.138, NI Act, 1881 : Another Case Against Accused Quashed by HC

 S.138, NI Act, 1881 : Another Case Against Accused Quashed by HC

Many cases have been decided by Hon'ble High Courts.

In case citation [2013] GCtR 2638, after examination of record and after hearing the arguments of the counsel for parties, the case against a person who was an accused in respect of offences related to Section 138 of Negotiable Instruments Act, 1881 has been quashed. Despite there being no compromise between accused and complainant, accused could ensure that complaint against him is quashed. 

Full Text Judgments of Supreme Court can be downloaded free of cost from the website - https://main.sci.gov.in/judgments - Then entering, for example, the date. 

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.