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No Prosecution u/s 138 of NI Act for Dishonour of Cheque due to Difference in Figures & Words
Case Law Details
- Case Name
- Shree Tyres Vs State (Patiala House Court of Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Shree Tyres Vs State (Patiala House Court of Delhi)
The issue under consideration is whether prosecution u/s 138 of Negotiable Instrument Act can be levied for dishonour of a cheque on cheque having difference in the amount in figures and words?
High Court states that the prosecution u/s 138 NI Act can only be launched and continued on dishonour of a cheque. For an instrument to be a cheque, it has first to satisfy the conditions of being valid under Negotiable Instruments Act (NI Act). He has further contended that the cheque in question was not a valid instrument as per sections 5 and 6 of N...
