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2022 (4) TMI 872 - MADRAS HIGH COURTDishonor of Cheque - insufficiency of funds - discharge of legally enforceable debt or not - section 138 of the Negotiable Instruments Act - HELD THAT:- The learned counsel appearing for the petitioner on the issue, cannot be agreed upon, that the cheques were not returned not for insufficiency of funds, but directing the petitioner to present the same before the proper zone - The offence under 138 of the Negotiable Instrument Act will complete, after the accused persons failed to response to the demand notice. So, whether in the facts and circumstances of the case, the offence will be attracted or not is for the trial court to consider. Since the trial is already commenced, unless there is a compelling circumstances brought on record by the petitioner, based upon the RBI circular, the proceedings cannot be quashed. Petition dismissed.
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