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Section 138 of the Act reads as under:
"Dishonour of cheque for insufficiency, etc., of
funds in the account.- Where ... opined that
criminal liability on account of dishonour of cheque primarily falls on the
drawer company and is extended
Supreme Court of India
five sections, which are as follows :-
138. Dishonour of cheque for insufficiency, etc. of funds in the
account.
Where ... that applying criminal remedy in respect of every
dishonour of cheque would create an unprecedented pandemonium in the
mercantile circle
Madras High Court
following terms :
"138. Dishonour of cheque for insufficiency etc., of funds in the
account :-
Where any cheque drawn ... Procedure Code. This is a case where the cheque was
dishonoured on the ground "account closed".
20. The scope
Andhra High Court
lieu of the returned cheque immediately". The cheque
dishonoured was again presented for encashment and when presented on
the second ... notice demanding payment of the
amount covered by the dishonoured cheque and it is not the case of the
petitioner
Kerala High Court
made a demand for payment,
claiming that the cheque had been dishonoured and on the footing
that the petitioner ... extracted hereunder for ready
reference.
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"138. Dishonour of cheque for insufficiency, etc.,
of funds in the account.- Where
Karnataka High Court
action can arise (proviso (a)).
(ii) When the cheque is dishonoured by the concerned bank, the payee
or the holder ... drawer" does not necessary mean that the cheque
was dishonoured for insufficient of funds. There might be a number
Gujarat High Court
held that notice
demanding payment of amount covered by dishonoured cheque is one of the
main ingredients of Section ... notice is not the exact amount
covered under the dishonoured cheque, the notice would fall short of
its legal requirement
Andhra High Court
attracted only in cases where a cheque is dishonoured
either because the amount of money standing to the credit ... insufficient fund as a ground for dishonouring
cheque cannot be extended so as to cover the endorsement
“signature differed from
Supreme Court of India
that matter, to oblige the
holder/payee of a dishonoured cheque to necessarily file a complaint even
when ... launching a
prosecution on the basis of a dishonoured cheque. Having said that, every
time a cheque is presented
Supreme Court of India
encashment through its bankers. However, the said
cheque was dishonoured by the bankers of the applicants and returned
back ... action. One of them is
that for dishonour of one cheque there can be only one offence and
such offence
Gujarat High Court
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