Cheque should be presented for encashment before the drawer bank to attract S. 138, Calcutta HC [Read judgment]

Meera Emmanuel September 7 2017

The Calcutta High Court has reiterated that a cheque must be presented for encashment before the bank on which it was drawn for attracting penal liability under Section 138 of the Negotiable Instruments Act (NI Act).

The judgement was rendered by Justice Joymalya Bagchi who held that return of a cheque by the bank of the payee will not attract Section 138.

The dispute emerged after a cheque drawn in favour of the complainant was returned by his bank . . .

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