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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - funds insufficient - difference in drawer’s ...

Indian Laws

March 25, 2022

Dishonor of Cheque - funds insufficient - difference in drawer’s signature - Apex Court has held that, criminal prosecution against the accused in such cases should be allowed to proceed even if the cheques were dishonoured by the bank on the ground that drawer’s signatures were incomplete - Therefore, the contention of the petitioner that in the instant case offence under Section 138 of the NI Act is not constituted because the cheque was dishonoured on account of difference in signatures and not for the reason of insufficiency of funds or exceeding the arrangement, deserves to be rejected. - HC

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