TMI Blog2007 (12) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... with the assurance that all the said cheques will be duly honoured, if presented in the drawer bank. Out of these, one cheque No. 163599 dated 1.2.2007 for a sum of ₹ 50,000/- drawn on HDFC Bank Limited, Civil Lines, Jalandhar issued from the joint account of the petitioner and her husband Pawandeep Singh, under the signatures of Pawandeep Singh Grover (accused No. 1 in the complaint), was presented for encashment, the same was dishonored by the Banker of the accused vide memo dated 3.2.2007 with the remarks, 'Funds Insufficient'. Consequently, after completing the formalities, a complaint had been preferred against both the accused (the petitioner and her husband). 3. The Trial Court vide impugned order dated 28.3.2007 (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from me date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in the due course of the cheque, as me case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to me drawer of the cheque, [within thirty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s contained under the Act, it transpires that there is no such provision regarding taking cognizance against a person other than the drawer of the cheque, subject to the conditions, as mentioned in proviso to Section 138 of the Act and the other provisions mentioned in Chapter XVII of the Act. 7. If the person committing the offence under Section 138 of the Act is a company, then the person in charge of the company as well as the company itself shall be deemed guilty of the offence as provided under Section 141 of the Act. It is settled principle of law that penal provisions should be constructed strictly and the emphasis is on the words, such person . It is manifest from the expression of the words used in Section 138 of the Act suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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