D.S.SHRIDHAR Vs. P. JOHN

JUDGEMENT

(1.) Petitioner is questioning the complaint filed under Sec. 138 of the Negotiable Instruments Act mainly on the ground that the reasons given by the banker while returning the cheque does not confirm to the twin reasons assigned under Sec. 138 of the Negotiable Instruments Act for prosecuting a drawer of the cheque.

(2.) The case of the complainant is that the complainant took hand loan of Rs.30.00 lakhs on 5/7/2018 in the house of the complainant in the presence of witnesses. A cheque was also issued on the very same day for Rs.30.00 lakhs. The said cheque was presented for clearance and the same was returned unpaid on 17/7/2018 for the reason of 'kindly contact drawer/drawee bank and present again'. Again the said cheque was presented for clearance, which was returned on 16/8/2018 for the reason of 'kindly contact drawer/drawee bank and please present again'.

(3.) Under Sec. 138 of the Negotiable Instruments Act, prosecution can be launched if the cheque is returned unpaid for the reason of 'insufficient funds' or 'it exceeds arrangement to be paid'. The Hon'ble Supreme Court held that apart from two reasons, if the reasons are 'account closed' and 'payment stopped' by the drawer' are also liable under Sec. 138 of the Negotiable Instruments Act.