Part Payment made shall be endorsed under Section 56 to attract Section 138 of NI Act: SC

Dashrathbhai Trikambhai Patel Vs Hitesh Mahendrabhai Patel & Anr. (Supreme Court of India) Conclusion: In present facts of the case, the Hon’ble Supreme Court while dismissing the appeals held that the offence under Section 138 of the Negotiable Instruments Act 1881 would not be committed if the drawer of the cheque pays a part or whole of the sum between the period when the cheque is drawn and when it is encashed upon maturity, then the legally enforceable debt on the date of maturity would not be the sum represented on the cheque; and when a part or whole of the sum represented on the ...